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CABINET APPENDICES PACK
Date and Time: Monday 15 April 2013 7.00 pm
Venue : Room 8, Lambeth Town Hall, Brixton Hill, SW2 1RW
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CABINET MEMBERS:
Councillor Lorna Campbell - Cabinet Member for Equalities and Communities Councillor Jim Dickson - Cabinet Member for Health and Wellbeing Councillor Rachel Heywood - Cabinet Member for Children and Families Councillor Jack Hopkins - Cabinet Member for Safer and Stronger Communities Councillor Paul McGlone - Cabinet Member for Finance and Resources Councillor Jackie Meldrum - Deputy Leader of the Council Councillor Lib Peck - Leader of the Council Councillor Sally Prentice - Cabinet Member for Culture and Leisure Councillor Pete Robbins - Cabinet Member for Housing and Regeneration Councillor Imogen Walker - Cabinet Member for Environment and Sustainability
AGENDA
Page Nos. 3. Waterloo Area Supplementary Planning Document: Approval 1 - 194
(Report 3/13-14 and appendices) Key Decision Bishop’s ward
Leader of the Council Executive Director of Housing, Regeneration & Environment
Contact: Sandra Roebuck, Programme Manager, Neighbourhood Regeneration; 020 7926 2594; [email protected]
7. Executive and N on -Executive Functions: Continuation until 195 - 378 Next Ordinary Council Meeting
(Report 1/13-14 and appendices) Non-Key Decision All wards
Cabinet Member for Finance & Resources Executive Director of Finance & Resources
Contact: Tim Stephens, Democratic Services Manager; 020 7926 2754, [email protected]
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Waterloo Area Supplementary Planning Document (SPD) March 2013
Page 2
SUMMARY
The Waterloo Area Supplementary Planning Document (SPD) intends to help deliver a range of high-quality developments and improvements at Waterloo.
The SPD promotes higher density commercial and residential development, improved public realm, and better transport links. The cultural offer will also be enhanced with improved arts, leisure and cultural facilities.
By defining the opportunities and issues in Waterloo, the SPD intends to deliver lasting and tangible benefits to the area. Benefits include:
• Waterloo playing an enlarged role in the London economy and improvements to the area’s status. • Opportunities to access the 15,000 new jobs that are expected to be created. • The development of new housing, including affordable housing. Approximately 1,900 new homes will be developed within Waterloo.
The SPD sets out site specific guidance for a range of development areas including the Shell Centre, Elizabeth House and the South Bank Arts Complex. The document illustrates the benefits these schemes will bring to Waterloo and how they can be linked together through an improved network of streets and spaces.
The high demand on public space within the Waterloo area is addressed with the SPD highlighting the importance of the expanding Jubilee Gardens on to the Hungerford Car Park.
The guidance sets out how the barrier effect of Waterloo station can be reduced and how existing connections can be improved and additional pathways across the station made.
The importance of Waterloo station as a major public transport interchange is highlighted and the SPD illustrates how future transport improvements will benefit the area.
The national and international importance of the South Bank as a visitor destination is reinforced and the SPD seeks to balance the needs of this major London destination and its growth with the facilities and services required by the local area and its communities.
The Implementation chapter highlights how this ambitious vision can be delivered through partnership working, project prioritisation and a co-ordinated approach to pooling s.106 and CIL contributions.
The Waterloo Area SPD was originally adopted by Cabinet on 8 June 2009. As there has been significant change in the area since the document was published, the SPD needed to be updated to respond to Lambeth’s growth agenda. This 2013 SPD continues the same approach as the 2009 SPD and supports high density development and a programme of public realm improvements as part of a comprehensive upgrade of supporting infrastructure.
Waterloo Area SPD 2 Page 3
Chapter 1 Introduction Page 4
Chapter 2 Land Use and Facilities Page 10
Chapter 3 Urban Design Page 21
Chapter 4 Movement and Transport Page 38
Chapter 5 Public Realm Page 48
Chapter 6 Sustainable Design and Construction Page 62
Chapter 7 Site Specific Guidance Page 66
Waterloo Station Page 67
Shell Centre Page 73
Hungerford Car Park Page 76
South Bank Arts Complex Page 79
Elizabeth House Page 82
Union Jack Club Page 85
Lower Marsh Page 87
Cornwall Road Bus Garage Page 90
Chapter 8 Approach to Implementation Page 91
Waterloo Area SPD 3 Page 4
CHAPTER 1
INTRODUCTION
1.1 The Waterloo area has enormous potential to play a greater part in the London economy. The area is now recognised as an integral part of central London, with a vibrant cultural offer. Lambeth Council is determined to encourage a growth in cultural and commercial activity, as well as the provision of new high quality homes. The Council want to bring about lasting benefits for residents, through an improved and well managed and maintained public realm, improved facilities and enhanced employment opportunities. There are significant development opportunities, and new development must bring investment to the area in a range of new facilities.
1.2 This SPD sets out Lambeth Council's planning framework for achieving this change. This takes forward work by the Great London Authority in the Waterloo Opportunity Area Framework (2007) and sets out how the Lambeth Core Strategy 2011 applies to Waterloo.
Waterloo Area SPD 4 Page 5
Figure 1 – Strategic location
Waterloo Area SPD 5 Page 6
The Waterloo SPD area
1.3 The SPD area is shown in figure 2. It is tightly defined to cover the core area of Waterloo, where the main development opportunities are considered to be. However, this core area acts as the town centre for north Lambeth and part of Southwark. The City of Westminster and Southwark share an extensive boundary with the area defined by the SPD. The Council is concerned that development in the core area brings regeneration benefits to the surrounding communities.
1.4 Lambeth Council will continue to work with the neighbouring borough of Southwark and Westminster to take forward the objectives of this SPD. Where appropriate, projects will need to be coordinated across the borough boundaries.
Figure 2 – The Waterloo SPD area
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PURPOSE
1.5 The purpose of the SPD is to: • Provide a development framework to ensure a comprehensive approach to the regeneration of Waterloo. • Apply policies contained within the Lambeth Core Strategy and the Mayor’s London Plan (specifically to Waterloo). • Provide a framework within which Lambeth Council can assess development proposals and secure the highest design quality. • Coordinate public realm and infrastructure improvements. • Enable pooling S106 and CIL contributions on an area basis, where appropriate.
STATUS AND APPLICATION
1.6 The Waterloo Area SPD was originally adopted by the Council on 8 June 2009 following public consultation. The details of the consultation and responses are available on the Council’s website – www.lambeth.gov.uk/planning. This 2013 version of the SPD has been prepared in order to link the SPD to the Lambeth Core Strategy which was adopted in January 2011 and provide guidance on the implementation of Core Strategy policies in Waterloo.
1.7 The SPD provides guidance for applicants in the preparation of schemes and is a material consideration in the determination of relevant planning applications. Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that Local Planning Authorities must determine planning applications in accordance with the statutory development plan, unless material considerations indicate otherwise.
Waterloo Area SPD 7 Page 8
The Vision for Waterloo – A World Class Place
1.8 The vision for Waterloo is:
A World Class Place – The overall scale, design and layout of major proposals in Waterloo should form a coherent urban design, creating an area of world-class quality.
• A desirable destination for cultural pursuits, business and pleasure. • A place of work with particular emphasis on the creative and cultural industries. • A place with a flourishing, cohesive and inclusive residential community. • A place of high-quality, accessible open spaces with riverside walkways and views. • A meeting place that is friendly, clean, colourful, safe, dynamic and diverse. • A place that has world recognition.
1.9 This SPD takes forward the Vision and sets out in detail how Lambeth will ensure that development is used to make Waterloo a world class place.
1.10 The different communities and mix of uses are vital to Waterloo’s character and WCDG, SBEG, CSCB, WQBID and local councillors, and the WaCoCo community conference in October 2008, agreed the following as key tests for the area’s future development and the SPD:
• Waterloo’s land and buildings currently balance 4 core functions and communities: residential, business, cultural, and transport. • Future development in the area should maintain this balance while addressing these needs. • No one function should be developed to the detriment of the others. • All communities would benefit from improved retail, open space, and social infrastructure.
1.11 Lambeth Council is a member of the South Bank Partnership (SBP) which brings together various organisations with an interest in the South Bank and the wider Waterloo area. The SBP Manifesto is supported by the Council and sets out similar aspirations for Waterloo to the Core Strategy:
• Economic growth, new developments, new jobs and better retail. • Improved schools and training, especially to benefit local residents without work.
Waterloo Area SPD 8 Page 9
• A safe, clean and accessible environment for all. • An efficient transport interchange and improved transport links. • Improved health and housing and increased opportunities for culture, sport and recreation and community engagement. • Reduced carbon emissions.
1.12 This SPD promotes change and growth in the Waterloo area. It is intended that a sustainable mix of high density development will provide jobs and new homes. Growth and the high levels of investment that will accompany it, will deliver a series of redevelopment schemes of exceptional urban quality. Infrastructure is critical to this given the role that Waterloo Station plays in London as a whole and that this is a place where people live and work. It is also a part of London where the increase in visitor numbers over the last decade has made a radical impact on the place as a destination and the level of infrastructure needed to service and facilitate these increases. The image of the London Eye is now synonymous with the image of the capital as a whole, both nationally and across the region.
1.13 This growth is expected to continue, and with the prospect of an increase in commercial, residential, cultural and retail development in the area. The Council wishes to see the area maturing into one of the most important urban centres on the South Bank.
Waterloo Area SPD 9 Page 10
CHAPTER 2
LAND USES AND FACILITIES
POLICY CONTEXT
2.1 The development plan framework for Waterloo is made up of the following documents: • The Lambeth Core Strategy 2011 • The London Plan 2011
2.2 In addition, the following documents are also relevant to development in Waterloo. • The Waterloo Opportunity Area Planning Framework (2007). • The Lambeth Regeneration Delivery Plan (2007). • Our 2020 Vision: Lambeth's Sustainable Community Strategy (2008). • The South Bank Partnership Manifesto. • The Waterloo Open Space Audit and Strategy. • The Mayor's Transport Plan. • The Lambeth Local Implementation Plan. • The Prince’s Foundation Vision and Plan for the Waterloo Area (2012).
The London Plan
2.3 The London Plan identifies Waterloo as an Area of Opportunity, within which residential and non-residential densities are expected to be maximised but carefully managed to take account of the existing community. The indicative estimates of growth for the Waterloo Opportunity Area for the period 2011 to 2031 are as follows: • Employment capacity 15,000 new jobs. • Minimum 1,900 new homes.
2.4 Table A1.1 of the London Plan states: “The Area provides opportunities for intensification of commercial, residential and cultural facilities associated with a major transport hub, a major office location and a Strategic Cultural Area (see Policy 4.6). There is potential to enhance the South Bank and extend the cultural and entertainment offer as a major London visitor destination which can also be enjoyed by local residents and employees. This should be carefully managed to take account of local residential and other needs. In the short to medium term, reuse of the former International Station will provide significant new facilities and increased capacity for the station and the area, as well as expansion of rail services. In the long term, the station presents a major development opportunity.”
Waterloo Area SPD 10 Page 11
2.5 Waterloo is also within the London Plan Central Activities Zone, the core area of activities that make London a capital and world city.
The Lambeth Core Strategy 2011
2.6 The Lambeth Core Strategy sets out the Council’s planning policies for the whole borough, but also includes a strategic policy specifically promoting regeneration in Waterloo – Policy PN1. Policy PN1 should be read in conjunction with this SPD.
2.7 The rest of this chapter elaborates on promoting an appropriate mix of uses in Waterloo. Subsequent chapters of this SPD elaborate on the design, public realm and transport elements of Policy PN1.
BUSINESS AND EMPLOYMENT
2.8 Tackling unemployment is the key priority of the Lambeth Sustainable Community Strategy. The Council believes that the only way to deal with the root causes of the numerous social challenges it faces is to tackle the high level of unemployment within the borough. It aims to do this by: promoting high quality business places which are investment areas of choice for the private sector, thus enabling businesses to grow and create wealth and employment opportunities; supporting the development and growth of skills training and learning opportunities; and attracting new funding aimed at providing local employers with job-ready people.
2.9 Waterloo has an important role to play in this regard. It is one of central London’s leading business districts, home to international companies such as Shell and IBM and a major teaching hospital. It is already the main area of private and public sector employment in Lambeth. Waterloo has excellent links and has considerable potential to accommodate more business activity, creating more jobs and opportunities for local people.
2.10 Policy S3 of the Core Strategy identifies the Waterloo Opportunity Area as a suitable area for large scale office development. In the area around York Road and Waterloo Station, much of the office stock is coming to the end of its useful life with the potential for redevelopment for modern office space.
2.11 Elsewhere in Waterloo, smaller businesses and social enterprises will be encouraged. Many railway arches have already been converted to provide for small business use, and there are still many opportunities, particularly in the south of the SPD area. In appropriate cases, commercial developments over 1,000 sqm will be required to provide premises for small and medium enterprises (see Lambeth SPD on s106 Planning Obligations 2008).
2.12 Certain development schemes will be required to provide local employment and training initiatives, for example, through supporting Employ SE1 and the Waterloo Job Shop (see chapter 8). This is to ensure that development schemes genuinely provide work and benefits for local people, and provide opportunities for those who find it difficult to get into or return to the labour market.
Waterloo Area SPD 11 Page 12
PROMOTING MIXED USES
2.13 One of the strengths of Waterloo is its successful mixture of uses and communities. This adds to the interest and vitality of the area. In accommodating new commercial developments, Lambeth is concerned to continue this mixture and to discourage single use street blocks. Policy S1 of the Core Strategy promotes mixed uses generally and within the CAZ policy 2.11 of the London Plan encourages a mix of uses including housing where development schemes include an increase in office floorspace.
2.14 These policies help secure mixed use developments that include housing. The provision of housing that is affordable in this area is important to ensuring that a choice of housing is available for local people. Other uses will also be encouraged to ensure the provision of a range of services are available, such as shops and community facilities, both to the occupants of the development and the existing community.
2.15 Other than in the quieter residential streets, development will be expected to have active frontage uses at street level - to maintain and increase the level of activity on street. This helps to add interest and variety to the street for pedestrians, can help to make a place feel safer and generally helps to make a development more attractive at street level - rather than blank or obscured frontages.
RETAIL USES
2.16 The London Plan and Core Strategy designate Lower Marsh and The Cut as Central Activities Zone (CAZ) Frontage - effectively the main shopping area for Waterloo. This area is shown on Fig 3. Given the small unit sizes in Lower Marsh and existing business pattern, the Council will promote Lower Marsh as a centre for local needs and specialist, independent retailing. Redevelopment of the station and sites to the north will create opportunities for new retail facilities within the Opportunity Area. Retail developments outside the designated CAZ Frontage should demonstrate that they do not adversely it. Developments will be encouraged that benefit Waterloo as a whole by providing a greater range of facilities, improved links, and new and complementary uses.
2.17 In development schemes north of the station and the viaducts, retail uses may be permitted, in order to provide active frontages and meet local needs, but should not be of a type or scale that might adversely affect Lower Marsh. Lambeth will expect any improvements to Waterloo Station to provide more shops at street level that reinforce the shopping function of Waterloo and Lower Marsh and to improve links to Lower Marsh.
2.18 Priorities for local people are the provision of a supermarket to serve local convenience food shopping needs and more new shops in the area rather than more bars and restaurants. As identified within Section 7, it is considered that a supermarket could potentially be accommodated within the Waterloo International Terminal redevelopment. Lower Marsh is considered by the local community to provide for many local needs already, but in order to generate more footfall for
Waterloo Area SPD 12 Page 13
businesses there, a priority is to improve pedestrian routes from the station and the north.
Figure 3 – Lower Marsh CAZ Frontage
Waterloo Area SPD 13 Page 14
HOUSING
2.19 Housing is concentrated to the east of Waterloo road and to the south of Waterloo Station. The White House and part of County Hall have also been converted to residential use. In total the SPD area has an existing population of 5,000 people and 2,700 households. The housing stock is mostly purpose-built low-rise terraced housing, small properties and some five to seven storey mansion blocks.
2.20 Policy S2 of the Core Strategy promotes the provision of new housing in Lambeth and requires housing developments to include a mix of dwelling types, affordability and size of unit, having regard to local circumstances and site characteristics. The Waterloo Area SPD should be read in conjunction with Policy S2.
2.21 The London Plan target of at least 1,900 hew homes in Waterloo by 2031 will help meet Lambeth’s own targets for providing new homes for the borough as a whole.
SOCIAL AND COMMUNITY FACILITIES
2.22 Generally, the Council will seek to ensure that the community is supported by good social community facilities. The arts organisations that make up the South Bank Arts Complex provide the largest concentration and range of community facilities in the area. They include the long term residency of SEI United in the Royal Festival Hall, the media library in the BFI as well as the free open foyers and outdoor spaces in and around all the venues which are artistically animated all year round. Whilst these excellent arts institutions provide local support (for example the National Theatre works with the local community, Coin Street, WAC, Age Concern Lambeth and Blackfriars Settlement), they tend to obscure attention from the poor provision of local community facilities, especially sport, leisure and library. New development will only add to the number of people in the area and increase pressure on already stretched services.
2.23 It is therefore vital that new development does not exacerbate this problem and makes proportionate s.106/ CIL contributions or offers creative solutions to enhance existing and new services with the Council. The Council will pool these contributions with a view to bringing forward new facilities in Waterloo. In larger schemes, there may be opportunities for on-site provision of accommodation.
2.24 Existing provision, projects and gaps in community provision are as follows:
• Sport and leisure: An approved scheme at Doon Street will provide a new swimming pool and indoor leisure centre for North Lambeth. Currently the only public indoor facilities are provided at the Colombo St Sports centre (in Southwark). Outdoor recreation facilities are located at Paris Gardens/Hatfield and Archbishops Park. The Sports Action Zone project provides sport activities for local young people and intends to provide more facilities at the former Lilian Baylis School site, Lollard Street (south of Lambeth Road). Additional open space and amenity space is needed generally across the Waterloo area.
• Children’s play areas. Good quality facilities are provided at Archbishops
Waterloo Area SPD 14 Page 15
Park, Jubilee Gardens, and Ufford Street. A new play area is proposed adjacent to the riverside walk and the ITV building.
• Health facilities – Lambeth PCT aims to consolidate other primary health care facilities for Waterloo in or near Lower Marsh/ Waterloo Road. This is likely to be in partnership with Southwark PCT to serve the area south and east of Lower Marsh and the Cut. The PCT has indicated that between 2,000-3,000 sqm floorspace is likely to be required.
• Library – a new permanent facility is needed for Waterloo – as part of a community hub or part of a new development. A new library, subject to availability of funding, could bring opportunities to provide a greater range of services and in a more attractive and accessible building. Any redevelopment of the Waterloo Jobshop and Library site should make provision for a route through into the station.
• Schools – Lambeth is committed to providing new primary school places and in North Lambeth these are programmed to be delivered first at Vauxhall School where there are fewer constraints. There may be longer term potential to expand Johanna School should there be sufficient demand/ population growth. Additional secondary school places will also be needed but these will have to be provided elsewhere in Lambeth as the London Nautical School site at Stamford Street has already been expanded.
• Community meeting rooms and resources. The Coin Street neighbourhood centre on Stamford Street provides modern, high quality meeting rooms and facilities for community groups, and various facilities are provided at the Living Space on Waterloo Road. The Waterloo Action Centre, at the old library on Baylis Road, is used by a range of community groups and classes but is outdated accommodation and needs renewal. Ethelm House, on Cornwall Road, is derelict and should be brought back into community use. A number of community events and activities are currently run from St John’s Church adjacent to the IMAX roundabout and there are proposals to develop the church to provide greater access for new and existing community projects. Improvements to St John’s Churchyard will form part of these proposals and include higher quality public space.
• Policing – existing policing facilities should be protected and additional policing facilities will be required across the SPD area to mitigate the impact of the proposed development and the increase in residents and visitors as required by the MOPAC/MPS.
2.25 St. Thomas’ Hospital is not strictly a local community facility, but provides higher level health services. This facility benefits the people of Waterloo but most people will be travelling from some distance to use this hospital. It is also important in providing local employment and in supporting local services.
2.26 The Guy’s and St.Thomas’ NHS Foundation Trust intends to renew facilities at St.Thomas’ and the Council supports the hospital and the Trust’s development strategy. The Trust is working towards achieving the status of an Academic Health
Waterloo Area SPD 15 Page 16
Services Centre and has a programme for development and improvements to the range and quality of health services on the site. This programme includes bringing old buildings up to modern standards and building new purpose-designed facilities. Development of Founder’s Place will provide more flexibility on the hospital site to pursue the programme. Outside the site, pedestrian routes from the station and Lower Marsh to the hospital are currently not obvious and are unattractive. These routes and connections need to be improved.
2.27 There are significant higher education uses in Waterloo, with Notre Dame University of Indiana and King’s College London both located on Stamford Street, and other colleges close by. King’s College has ambitious plans to expand its presence at Waterloo and contribute to a combined cultural and educational quarter. The Council supports King’s College’s strategy to achieve the highest quality facilities including related and supporting facilities such as staff and student accommodation.
Waterloo Area SPD 16 Page 17
Figure 4 – Existing community facilities
Waterloo Area SPD 17 Page 18
ARTS AND CULTURE
2.28 The South Bank is Europe’s premier arts and cultural centre and is recognised in the London Plan as being a strategically important area for arts, culture and entertainment. Waterloo is also home to the Old Vic and the Young Vic on The Cut and the Doon Street development will provide a home for the Rambert Dance Company. Improvements are planned to modernise and expand the Southbank Centre, the National Theatre and the BFI National Film Theatre. The public realm around these important institutions also needs improving and maintaining to accommodate higher numbers of visitors, to provide better pedestrian links and to create an appropriately high quality setting.
2.29 The Council supports the regeneration of the South Bank and specific improvements to the South Bank Arts Complex are set out in Chapter 7. Where commercial enabling development is necessary, the Council aims to ensure that the concentration of arts and culture attractions is not diluted. Lambeth’s approach is set out in the saved UDP policy 30.
HOTELS AND TOURISM
2.30 The Mayor of London is promoting London as a global tourist destination and aims to spread the benefits of tourism throughout the capital. In order to achieve this, the London Plan aims to provide a net increase of 40,000 hotel bedrooms by 2031 and advises boroughs to focus strategically important new visitor provision on Opportunity Areas within the CAZ, such as Waterloo.
2.31 Policy S3 (f) of the Core Strategy steers large hotel developments to locations with good public transport accessibility, such as the Waterloo Opportunity Area. With its excellent public transport links and close proximity to the South Bank and Covent Garden, Waterloo is considered a good location for hotel development.
2.32 Visitor attractions, businesses and hotels should ensure that the amenity of residents is preserved as far as possible. Such organisations should contribute to measures for the better management of visitors, e.g. coach management, litter collection, and queue management.
2.33 Applications for apart-hotels and short term/temporary accommodation are treated as hotels for the purposes of assessing planning applications. The Council is concerned that these types of accommodation do not create jobs in the same way that hotels do and tend not to create active frontages. Proposals for this type of accommodation will be assessed carefully, taking into account such concerns.
Waterloo Area SPD 18 Page 19
DEVELOPMENT OPPORTUNITES
2.34 There are several large and obvious development opportunities in Waterloo. These are listed below. Further information on some of these sites can be found in chapter 7.
Site Potential for development 1 Waterloo Station & Waterloo International Remodeling of Waterloo Station to Terminal increase station capacity with potential for enabling development above and utilisation of arches space below to help fund the station improvements.
2 Elizabeth House Redevelopment of post-war office buildings.
3 Shell Centre Mixed use development with potential to improve pedestrian links and public realm.
4 South Bank Arts Complex Renewal of the arts and cultural facilities with improved public realm.
5 St.Thomas’ Hospital Improvements to the hospital.
6 York House/ Beckett House, Westminster Redevelopment of office buildings. Bridge Road
7 Founders Place, Lambeth Palace Road Residential development plus hospital accommodation.
8 2-6 Hercules Road Scope for infill development.
9 111-141, Westminster Bridge Road Utilisation of space under arches.
10 Doon Street Mixed use development with sports centre for community use.
11 Coin Street Neighbourhood Centre, Development of community and arts Stamford Street facilities (neighbourhood centre completed – part of site remains vacant)
12 Gabriel’s Wharf and Prince’s Wharf Mixed use, mainly affordable housing and active frontage uses.
13 Union Jack Club/Mercury House, Redevelopment of office and hotel Waterloo Road accommodation with active frontage uses.
14 Cornwall Road, The Cut Development in place of bus garage, providing a suitable replacement can be found.
Waterloo Area SPD 19 Page 20
Figure 5 – Development opportunities
Waterloo Area SPD 20 Page 21
CHAPTER 3
URBAN DESIGN
INTRODUCTION
3.1 The Vision and Policy context in Chapters 1 and 2 establish the potential for higher density development in Waterloo. The Council is concerned to ensure that accommodating this new development is used as a positive opportunity to improve Waterloo’s environment so that it lives up to its potential as a key part of central London. New development should build on the strengths of Waterloo’s existing character and redevelop poor quality sites so that they become assets to the area.
3.2 This chapter sets out urban design analysis and design guidance for Waterloo, elaborating on policy PN1 of the Core Strategy. Proposals to improve the public realm are set out in Chapter 5.
HISTORIC DEVELOPMENT
3.3 Waterloo was once part of Lambeth Marsh, an area of marsh and sandbanks stretching from Blackfriars Road round to Lambeth Bridge in the South. It contained a village called Lambeth Marsh – later ‘upper’ and ‘lower’ Marsh. To reclaim the riverfront, an embankment, Narrow Wall (now Upper Ground), was built to contain floods and provide a causeway along the edge of the marsh. By the 17th century, riverfront land was being used for timber yards and wharves as well as osier beds, and in the 18th Century, industrial buildings began to appear.
3.4 The 19th Century introduction of massive pieces of infrastructure radically altered Waterloo. In 1817, Waterloo Bridge was opened - on the second anniversary of the Battle of Waterloo. Waterloo Road was then built to connect the new bridge with St George’s Circus. The bridge and its approach roads acted as a catalyst for development such as Roupell Street and St John’s Church. By the 1840s the area was completely built upon with workers’ housing and industrial buildings.
3.5 In 1848 the first Waterloo Railway Station was built on Waterloo Road, followed by extension of the railway from London Bridge to Charing Cross, with the completion in 1864 of Hungerford Bridge and the Charing Cross viaduct. In 1869 Waterloo Junction Station was built - now Waterloo East Station.
3.6 Industries including printing works became established in the area. In 1914 W.H. Smith & Son established a printing works at 127 Stamford Street replacing some terraces and in 1921 London County Council set up a printing school within the Nautical School buildings.
3.7 Waterloo suffered significant bomb damage during World War II but those parts that escaped intact are today protected in conservation areas. In 1951, the land between Waterloo Bridge and County Hall hosted the Festival of Britain. The Festival’s only permanent building was the Royal Festival Hall (RFH) erected 1949-51. The Festival triggered redevelopment of the area as the ‘South Bank’.
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3.8 The end of the GLC in 1986 resulted in a major loss of employment, but since then buildings have been reused and redeveloped as hotels, visitor attractions and flats. The erection of the London Eye, the new Hungerford footbridges and other attractions along the South Bank have established the area firmly as part of central London’s visitor offer.
CONSERVATION AND HERITAGE
3.9 There are five conservation areas in Waterloo - see Figure 7. Each is covered by a Conservation Area Statement.
3.10 South Bank Conservation Area A nationally important collection of 20th Century buildings front the South Bank and is an architectural showcase for the post-war period. The Queen’s Walk and other public spaces provide a setting for these listed buildings and a context for numerous important views. The buildings have high group value and their linear character and unity of treatment with common materials (Portland Stone) makes them easily identifiable. Although monumental in scale, they are relatively low in height (8-10 storeys) with the exception of the Shell Centre and ITV tower.
3.11 Waterloo Conservation Area The Waterloo Conservation Area represents mostly 19 th and early 20 th Century development with a mix of architectural styles and land uses from residential terraces to substantial commercial buildings. Small office, retail and restaurant uses within the Conservation Area enhance its character. The majority of buildings within the Conservation Area make a positive contribution to its character and appearance including the terraced houses. St John’s churchyard provides the only open space and its contribution to the Conservation Area is considered high.
3.12 Roupell Street Conservation Area The character of the area stems from the symmetry of the two storey cottages as well as the very modest height and scale of the buildings. It comprises close-knit, formal streets, lined with robust early 19th century terraced houses which are rare survivors from the period and very well preserved. The majority of the buildings make a positive contribution to the Conservation Area and are listed.
3.13 Lower Marsh Conservation Area Lower Marsh is one of the most historic routes within Lambeth, lined with 19th Century commercial development and some re-fronted 18th Century buildings. The Conservation Area also includes Baylis Road, where it merges with Lower Marsh and the former Fire Station fronting Waterloo Road. Waterloo Station is visible from various parts of the Conservation Area and is, itself considered by English Heritage as an undesignated heritage asset. Any development on the station should step down towards Lower Marsh to avoid overwhelming the area.
3.14 Lambeth Palace Conservation Area The Lambeth Palace Conservation Area has at its heart the exceptionally important Lambeth Palace, a complex of buildings originating in the medieval period. The Conservation Area also includes the former St Mary's Church, the
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Victorian buildings of St Thomas Hospital and historic development along Lambeth Road. Lambeth Palace Gardens are a Grade II registered park and garden.
3.15 Westminster World Heritage Site The Westminster World Heritage Site (WHS) is immediately across the river from St.Thomas’ Hospital. Development in Waterloo should not adversely affect the outstanding universal value or setting of the WHS. This SPD should be read in conjunction with the Draft Statement of Outstanding Universal Values (OUV) in the London’s World Heritage Sites Setting Guidance Supplementary Planning Guidance.
3.16 Lambeth Palace Lambeth Palace and Westminster WHS have a significant relationship. Development in Waterloo should not adversely affect this relationship.
3.17 Neighbouring Conservation Areas Immediately across the river in Westminster are a number of Conservation Areas; Westminster Abbey and Parliament Square, Whitehall, Smith Square, Millbank, Savoy and Strand Conservation Areas. Equally, in adjoining Southwark there is the Old Barge House Alley Conservation Area and the Grade II Listed features at Stamford Street and Hatfields.
Figure 6 – Adjacent Conservation Areas
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Figure 7 – Conservation Areas
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3.18 Listed Buildings There are many buildings in Waterloo of historic and architectural importance. Figure 8 illustrates the grade I, II* and II listed buildings within Waterloo. Listed buildings within the SPD area are listed below:
Grade I Royal Festival Hall, Belvedere Road
Grade II* Royal National Theatre, Upper Ground Waterloo Bridge, Waterloo Road Church of St. John with All Saints, including various Grade II listed walls and tombs, Waterloo Road Old Vic Theatre, Waterloo Road Main block of County Hall, Belvedere Road Westminster Bridge, Westminster Bridge Road South Bank Lion, east end of Westminster Bridge Road
Grade II Block 5 and Governor’s Hall of St. Thomas’ Hospital Chapel, St. Thomas’ Hospital South Wing, St. Thomas’ Hospital Fountain in the courtyard of Shell Centre 250m of river wall with 19 lamp standards Balustrade with five lamp standards immediately north of County Hall, Belvedere Road Façade of 133-155 Waterloo Road Royal Waterloo Hospital, Waterloo Road 150 Waterloo Road (London Ambulance Service HQ) 121 Westminster Bridge Road 2-18 (even), 20-30 (even), 23, 37, Whittesley Street 1-61, 73 Roupell Street St. Andrew’s and St. John’s CofE Primary School, Roupell Street St. Andrew’s House, Roupell Street 61 Stamford Street, (London Nautical School) 63 Stamford Street 65-87 (odd) Stamford Street 89, 91, 96-123 Stamford Street Victory Arch, Waterloo Station 5, Whichcote Street General Lying-In Hospital, York Road Tower of form Christchurch and Upton Hospital.
Figure 8 – Listed Buildings
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CHARACTER AREAS
3.19 Waterloo is an area with a strong character and identity; the river and associated cultural attractions, the large railway infrastructure, and the finer grained residential areas all contribute to Waterloo’s distinctiveness. Whilst the need for regeneration is evident, it is vital that development responds to Waterloo’s existing character.
3.20 Policy PN1 (c) of the Core Strategy divides Waterloo into four character areas: the Riverside Character Area, the Railway Character Area, the Residential Character Area and the Lower Marsh Area. These are analysed in more detail in the following sections and are illustrated in figure 9.
3.21 Riverside Character Area The Riverside Character Area extends from the riverside back to Upper Ground, York Road and Lambeth Palace Road and was originally developed in the 19th and 20th century from former wharves. It includes the South Bank cultural attractions, the London Eye and the Albert Embankment.
3.22 The area is characterised by 20th Century large-scale, stand-alone buildings with a strong horizontal emphasis. Strategic views that cross the area restrain building heights, but there are a number of tall buildings, including the Shell Tower (26 storeys/107m), the ITV building (27 storeys/85m) and the London Eye (135m). Due to the large block sizes, connections between the Riverside Walk and the interior are infrequent and are typically service access with low quality streetscape.
3.23 Railway Character Area The Railway Character Area is dominated by Waterloo station and viaducts, which create a massive barrier and divide the area. The area includes large-scale office buildings of coarse grain and massing ranging from 10 to 25 storeys. Most of these post-war developments include poor public spaces and lack strong, active frontages. The area’s environmental quality is poor and needs improving.
3.24 There has been strong development interest in sites to the west of Waterloo station for high-density office and residential developments, and redevelopment of these key sites would provide modern accommodation and enhance the townscape.
3.25 Residential Character Area The residential area to the north of Waterloo station comprises high quality 19th century terraced houses with tight, formal streets. The predominant development form is the urban street block with buildings following the perimeter. This creates well-defined streets with a clear distinction between public and private spaces.
3.26 There is a mix of small to medium-sized blocks filled with 2-to 5-storey buildings. The typical depth of a block ranges between 40m and 90m and the length varies between 90m and 150m. Most blocks are divided into fine grain development plots which enhance adaptability. Although predominantly residential, the area comprises at its edges a mix of offices, schools, retail and community facilities.
3.27 Lower Marsh Area
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The Lower Marsh Area is focused on the Lower Marsh shopping street, lined with 19th Century commercial buildings and some re-fronted 18th Century buildings. Commercial uses continue along part of Westminster Bridge Road. Development is in perimeter block layout, with blocks divided into fine grain plots. Buildings are 2 to 5 storeys in height. Retail uses fill the ground floor and residential uses on the upper floors on Lower Marsh. Stand-alone developments sit along the area’s south-eastern edge such as Johanna School and Munro House.
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Figure 9 – Character areas
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Building Heights and Scale
3.28 Figure 10 shows the heights of existing buildings in Waterloo. The skyline focal point of Waterloo from 1961 was Shell’s 107m 26-storey headquarters, but since 1999, the focal point on Waterloo’s skyline has been the 135m high London Eye.
3.29 The series of structures along the riverside are monumental in scale yet relatively low in height. They have a linear character and building height between 8-10 storeys. The monumental nature of these buildings needs to be maintained and not eroded through crowding by development of an inappropriate height and density. These are punctuated by tall buildings - the ITV building (85m), the OXO tower (67m) and Kings Reach (111m) (the latter two in Southwark). Permission has been granted for a 144m tall tower on Doon St, behind the National Theatre.
3.30 Around the station, the Union Jack Club on Waterloo Road rises to 79m and Elizabeth House has 14 storeys. South and east of the station, building heights fall rapidly away to domestic scale architecture, with the 2 storey terraced housing on Roupell Street and 3-5 storey blocks at Coin Street, The Cut and Baylis Road.
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Figure 10 – Building heights
VIEWS
3.31 Policy S9 (c) of the Core Strategy and saved policy 41 of the UDP set out how Lambeth will manage important views and assess development proposals within them. Further detailed guidance specific to each of the views is set out in the GLA’s London View Management Framework.
3.32 Views of importance to the whole of London are protected by the London View Management Framework (2012). The LVMF SPG is based on 2011 London Plan policies.
3.33 The Westminster World Heritage Site (WHS) adds an important contribution to Lambeth's setting and the desirability of the Waterloo area for development and as a visitor destination. The universal outstanding value of Westminster (WHS) and its protection will add a significant constraint to the height of development at
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Waterloo station. As elsewhere in London, cross-borough working is crucial to ensure the protection of the WHS and cross-river views.
3.34 Background development that would appear above the roofline of the Palace of Westminster should be refused. Buildings that appear in the gap between Elizabeth Tower and Portcullis House have the potential to diminish the significance of Elizabeth Tower, calling for buildings to be sensitively designed and be of the highest architectural quality. It is imperative that any building or part of a building that appears in this view does not materially detract from the scale and importance of Elizabeth Tower and does not draw the eye away from it.
3.35 The LVMF (2012) introduces Protected Silhouettes for linked assessment points 27B.1 and 27 B.2. These safeguard the silhouette of the Palace of Westminster World Heritage Site from the encroachment of development in its background. The extent of the area affected in Lambeth extends the length of the Albert Embankment (between Vauxhall Bridge and Westminster Bridge). Development sites along York Road are outside the background area of the protected silhouette but are in the background area of view 27A.
INCREASING THE DENSITY OF DEVELOPMENT
3.36 It is accepted that the Waterloo area will be higher density than other parts of the Borough, but that the nature and form will be heavily influenced having due regard to Waterloo’s existing character and the heritage and views that cross the area. Taller buildings are likely to be most appropriate in the Railway Character Area where many buildings are from the post war era and would benefit from redevelopment.
3.37 Waterloo station is currently the focal point of Waterloo. Improvements to the public realm in front of the station are necessary to reflect this importance. The Victory Arch, the iconic centrepiece of the station, will be maintained as a vital piece of the area’s history and identity. Over time though, with the scale of development proposed in other areas, the intention is that the station becomes part of a network of buildings and streets, rather than a single structure that dominates, at the expense of other ‘place making’ ambitions.
3.38 To reinforce this, there are opportunities to improve built development and public realm generally throughout the area. The importance of improving permeability cannot be understated including through the Elizabeth House site, the Shell Centre, under and throughout the station and viaducts.
3.39 Permeability to and from and through the station is critical, particularly to connect Lower Marsh into the area where large scale development is anticipated to take place.
3.40 Improving pedestrian linkages to the riverside walk and bringing the activity currently enjoyed along the South Bank into the heart of the Waterloo area is an essential part of the overall urban design framework.
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3.41 Figure 11 sets out in more detail those areas which are sensitive or inappropriate for tall buildings as recommended by English Heritage and CABE’s guidance on tall buildings. This figure takes into account the heritage and character assets set out earlier in this chapter and provides guidance as to where protection of those assets creates the greatest constraints for building taller:
• Areas inappropriate for tall buildings (red) – where development significantly above the existing contextual height will not normally be appropriate. This area is mainly made up of smaller scale residential streets or designated conservation areas. • Areas sensitive to tall buildings (amber) – areas where there is potential to build taller subject to the design of the proposals satisfactorily addressing views and the setting of heritage assets.
3.42 In assessing development proposals and appropriate height, the Council will consider the specific merits and impacts of the scheme. Proposals for tall buildings in any of the above areas will be subject to urban design considerations. Figure 11 does not preclude tall buildings if other policy criteria are met and the quality of the proposals justify support.
3.43 The network of Underground lines which converge at Waterloo provides excellent accessibility but also necessitates additional engineering features for new buildings which can affect height and location. These engineering requirements will affect the eventual form of the cluster. Developers are recommended to contact London Underground Infrastructure Protection at Transport for London before design work commences on any site.
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Figure 11 – Areas appropriate for tall buildings
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DESIGN GUDANCE FOR TALL BUILDNGS
3.44 Tall buildings are defined in the London Plan as buildings that are significantly higher than their surroundings and/ or have a considerable impact on the skyline. The Lambeth Core Strategy defines tall buildings as developments over 25m high on sites adjacent to the Thames and buildings over 30m elsewhere.
3.45 Tall buildings can mark points of significant activity, create fine landmarks, highlight civic buildings and emphasise important transport connections. On the other hand, they can overshadow, overlook and dominate their immediate surroundings. Inappropriately planned, designed and located tall buildings can be harmful to the setting of historic buildings, conservation areas, significant views and skylines.
3.46 Guidance on tall buildings is set out in: • Lambeth Core Strategy 2011 - policy S9 • Saved UDP policy 40 • London Plan 2011 - policy 7.7 • CABE and English Heritage (July 2007)
3.47 London Plan Policy 7.7 of the London Plan steers tall building development to the CAZ and opportunity areas that have good access to public transport. Policy 7.7 requires tall buildings to incorporate the highest standards of architecture and materials, to have ground floor activities that provide a positive relationship to the surrounding streets, and contribute to improving the permeability of the area.
3.48 CABE & English Heritage Guidance on Tall Buildings This guidance note sets out how CABE and English Heritage evaluate proposals for tall buildings and provides advice on best practice. It is acknowledged by Government and accepted as a material consideration in the determination of planning applications. The guide advocates a plan-led approach to the location of tall buildings, calls for tall buildings to exceed the latest regulations on reducing carbon emissions and for the conservation and enhancement of heritage assets.
3.49 Tall buildings have a strong impact on their environment and any tall building should be of a high quality design. Slender structures are more likely to be acceptable than bulky structures.
3.50 Planning applications for tall buildings should include:
• A visual impact assessment to illustrate impact on context, especially on heritage assets, their settings and significant views. This should be through visual modelling of proposals – photomontages or three-dimensional computer models (buildings fully rendered) – from relevant assessment points. Proposals should be shown in daylight and nightlight conditions.
• A tall building statement, including benefits and justifications for a tall building on the proposed site. This should also cover energy consumption and efficiency, and microclimate (wind tunnel studies, sun path studies, shadowing, privacy and overlooking) and maintenance.
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3.51 Lambeth Core Strategy Lambeth’s policy guidance for tall buildings is set out in Policy S9 (d) of the Core Strategy and Saved UDP Policy 40:
URBAN DESIGN PRINCIPLES FOR WATERLOO
3.52 General for Waterloo Area
• Proposals should increase permeability and connectivity, especially in the north south direction to link the South Bank area with Lower Marsh.
• Development should maintain and improve access to the Riverside Walk.
• Large or segregating blocks should be subdivided and create pedestrian linkages that are clearly defined and overlooked.
• Proposals should contain active ground floor uses where they benefit from footfall in the area. Blank facades should be avoided.
• Servicing of new development should be off street.
• All development must create safe and secure environments, reducing the scope for crime, fear of crime, anti-social behaviour and fire, having regard to Secured by Design standards and the DCLG publication, Safer Places: The Planning System and Crime Prevention (2004).
• Waterloo is part of the central Government Security Zone with special emphasis placed on crowded places and critical infrastructure. Major development proposals, particularly those with potential to create crowded places, should have regard to the DCLG/National Counter Terrorism Security Office consultation document Safer Places: A Counter Terrorism Supplement (April 2009). This sets out guidance on resilience to terrorism and the design considerations that should be taken into account in the South Bank Community Safety Zone.
• Lambeth Crime Prevention Team, the British Transport Police Counter Terrorism Security Advisors, TfL’s Crime Prevention Design Advisors and the South Bank Business Watch should be consulted on proposals.
3.53 Riverside Character area
• Opportunities should be sought to create linkages between the Riverside Walk and Upper Ground/Belvedere Road that are clearly defined and overlooked. These linkages will be achieved through public realm improvements and the encouragement of active frontages.
• As a guideline, tall buildings, in this context defined as buildings over 25 metres in height, are generally considered inappropriate. High quality design may justify development proposals stepping up behind Upper Ground/Belvedere Road where there are already set piece buildings.
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• To protect the setting of the Westminster World Heritage Site and the horizontal character of the South Bank riverfront, new buildings in the County Hall / St. Thomas’ Hospital area should be of a contextual height. Views between the Houses of Parliament and Lambeth Palace and the silhouette of County Hall need to be carefully managed.
3.54 Railway Character area
• Development around the station should reinforce it as the central node of the area but not overshadow the proposed public space.
• Development should enhance pedestrian routes, public realm and access to the public transport facilities.
• The Railway Character Area presents a clear opportunity for higher density development around the station and may include limited opportunities for tall buildings.
• Development on the station should enhance the quality of environment at street level for pedestrians and adjacent occupiers.
• New development should be of excellent design quality and preserve and enhance the setting of the Roupell Street Conservation Area, the St John’s Church and the Victory Arch.
3.55 Residential Character Area and Lower Marsh Character Area
• Development should improve connectivity and access from York Road to Lower Marsh.
• New development should adhere to a common building line and add to its continuity.
• Building heights should be 2-5 storeys and should generally not exceed 15m. Tall buildings, in this context defined as buildings over 25m in height, are considered inappropriate.
• Building heights on the higher density corridor of Westminster Bridge Road should match the existing context, taking into account guidance in the Lower Marsh Conservation Area Statement.
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CHAPTER 4
MOVEMENT & TRANSPORT
INTRODUCTION
4.1 The transport objectives set out in order to deliver the Opportunity Area Planning Framework’s (OAPF) vision for Waterloo are the following: • Objective 1: Create a transport interchange which promotes convenient, efficient and accessible transfer between different modes of transport. • Objective 2: Create a high quality, permeable urban environment which enables the creation of a world class place, and a desirable destination for business and leisure. • Objective 3: Create a place which maximises connectivity to other parts of London, encouraging the increasing mode share of sustainable modes of transport. . 4.2 The Council is working with Transport for London (TFL), Greater London Authority (GLA), Network Rail (NR), the Department for Transport (DFT), and the local stakeholders, to identify the interventions needed to deliver a world-class area that is able to serve the needs of the Waterloo area and wider London.
EXISTING SITUATION
Rail and Underground
4.3 Waterloo is London’s busiest station with over 90 million entries and exits to the National Rail station alone in 2010/11. The London Underground (LU) station provides interchange between four lines.
4.4 The Network Rail station is formed of two distinct parts: platforms 1-19 are reached from the main concourse with services from the suburban network and longer distance commuter services. Platforms 20-24 form part of the Waterloo International Terminal (WIT) which served as the London terminus for Eurostar services from Brussels and Paris from 1994 until 2007. WIT is not currently in use for passenger services.
4.5 The main concourse can become very congested as passengers wait in front of information display boards whilst others access the platforms. The numerous entry points to the concourse both from the street and the Underground make these flows more complicated.
4.6 The busiest morning peak hour sees 44,000 passengers arriving into the station on National Rail services and there are approximately 26,000 boarders and 10,000 alighters on LU.
4.7 The LU station has three interlinked parts; the Jubilee line with its ‘Colonnade’ ticket hall; the Waterloo & City line underneath the main concourse; and the Northern and Bakerloo lines with their ticket hall to the west of the station.
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4.8 The Jubilee line provides services both into the West End and to London Bridge, Canary Wharf and Stratford to the East. The Waterloo & City line is a direct link between Waterloo and Bank in the heart of the City. The Northern line Charing Cross branch serves Waterloo providing links to the West End and Euston.
Buses
4.9 Waterloo Station is an integral part of the London Bus network with some of its most heavily used routes serving the area. London’s rail geography means that the bus network provides a vital link between Waterloo and parts of the City and areas around Holborn and the West End which are not served by LU from Waterloo.
4.10 There are three main locations that serve as bus interchange points for passengers arriving into Waterloo by train: Station Approach and/ or York Road for buses towards Westminster Bridge; Waterloo Road for buses towards the West End and the City; and Tenison Way bus waiting area for buses to similar destinations to those on Waterloo Road.
Walking
4.11 Walking is a major onward travel mode for National Rail arrivals at Waterloo Station in the morning peak: 80% of rail journeys which have a final destination within 2km of Waterloo are made on foot.
4.12 Severance caused by transport infrastructure and large-block developments reduces the permeability of the area. The number of viaducts, raised walkways and subways can deter pedestrians from using certain routes, particularly at night, due to concerns about safety. Waterloo Station itself is a major source of severance, which particularly affects Lower Marsh. Such severance is an issue at three distinct scales: • Strategic severance– the blockage to (primarily) east-west movement caused by the ‘superblock’ of the station as a whole, • Local severance - blockages caused by individual buildings and busy routes resulting in the severance of direct sight and desire lines. • Small scale severance – the necessity of pedestrians to take indirect routes across public spaces due to a need to negotiate excessive street furniture and clutter, waiting pedestrians (for example on Tenison Way) and other obstacles within the pedestrian environment.
4.13 There are a number of locations where high footfalls and footway use cause crowded conditions on the footway. Flows are particularly high towards the bridges over the Thames. There are crowding problems where large queues of bus passengers and pedestrians meet, particularly in Tenison Way and on Waterloo Road.
4.14 The space directly in front of Victory Arch suffers from two key issues: • The space is confusing as it is traversed by many forms and movements including walking, cycling, public and private transport making it difficult to navigate.
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• The space is overcrowded with people, vehicles and the excess of street furniture and signage that is intended to encourage logical, safe and easy movement.
4.15 Leake Street connects York Road with Lower Marsh and the southern end of Station Approach. The street is mostly an underpass that is beneath Waterloo Station platforms. The pedestrian environment is poor due to inadequate lighting, a lack of activity and perception of crime. Despite this, the underpass offers significant place-making and cultural potential as a well known designated graffiti area and is an important east-west connection. The current environment discourages movement and divorces the potential of the space from the wider area.
Figure 12 – Key routes across the SPD area
Cycling
4.16 Cycling demand in and around Waterloo is high and adequate infrastructure and facilities need to be provided to cope with and encourage rising demand. The adopted South Bank Cycle Action Plan 2011-2015 should be taken account of within all development proposals.
4.17 Cycling is a minor but growing onward travel mode for the after-rail market at Waterloo with about 2% of journeys in the morning and evening peaks being made by bicycle. The Barclays Cycle Hire points at Waterloo are very heavily used with
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demand exceeding supply in the morning peak. Cycle parking in the vicinity of the station is exceeding near capacity at most times.
4.18 There are a number of important cycle routes including National Cycle Route 4. Roads approaching Waterloo and Westminster Bridges are heavily used but there are a number of cycle accident hotspots throughout the area, including at the IMAX roundabout and Addington Street/ Westminster Bridge/ Lambeth Palace Road.
Other (taxis, coaches etc)
4.19 Other modes at Waterloo include taxis, coaches, service vehicles and general traffic. The main taxi rank is on Station Approach but informal set-downs occur throughout the area and particularly outside the Colonnade ticket hall.
4.20 A number of coach services operate around the area. These include tourist coaches offering tours of London, coaches serving the hotels in the area and those using the area to park away from the busy road network in Westminster. These latter use the ramps from the IMAX roundabout to Belvedere Road and Upper Ground.
FUTURE SITUATION
4.21 A number of factors affect the future operations of Waterloo Station and the transport network around it. These include a projected increase in passenger numbers, Network Rail’s plans for 10-car trains (and possibly 12-car at a later date), changes in TFL’s level of service (for example LU line upgrades, bus enhancements, additional facilities for walking and cycling), changing travel patterns (for example peak spreading or cycling rates increasing) and a number of major development sites coming forward.
National Rail
4.22 National Rail has seen strong demand growth of the last twenty years; this has remained reasonably strong throughout the recent economic downturn.
4.23 The main source for forecasts of NR growth is the London and South East Route Utilisation Strategy (L&SE RUS), published in August 2011 by Network Rail.
London Underground
4.24 Significant growth in patronage is forecast to occur on London Underground lines . The current programme of LU upgrades provides an increase in capacity but crowding is likely to remain on many of the lines through Waterloo.
4.25 Beyond the committed line upgrades, there are a number of potential schemes that could affect the supply of capacity through Waterloo. These include an upgrade to the Northern line to partially or fully separate the branches, a line upgrade to the Bakerloo line, a line upgrade to the Waterloo & City line and the possible extension of the Bakerloo line south from Elephant & Castle.
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Buses
4.26 The bus network in London is constantly under review to ensure that supply is matching demand in terms of flows and desired destinations. However, in order to run an efficient and reliable network there is a need to provide the correct infrastructure. Modelling by carried out for TfL indicates that it is the pressure on the existing infrastructure in terms of bus stop capacity, bus standing capacity, and signal time and road space for buses that constrains the overall supply of buses.
4.27 Additional bus patronage at Waterloo, from new developments, the introduction of 10- or 12-car trains into the NR station and background growth, needs to be met which may require additional facilities.
Other
4.28 The allocation of road or footway space for vehicles and pedestrians is more flexible than the provision of public transport schemes and so is not planned in the same way. Nevertheless, this does not mean that they are less important but they are harder to forecast. For example performance at the IMAX roundabout is likely to worsen if vehicular flows and/ or the number of cyclists increase. Given that the junction is already operating close to its capacity in the peaks, this is likely to be a constraint on further growth. Modelling by TfL gives a picture of worsening levels of service on the footway particularly around Tenison Way and the pedestrian crossing on Waterloo Road as it approaches the IMAX Roundabout.
Highway Network
4.29 The most heavily trafficked roads include York Road, Waterloo Road, Stamford Street, Westminster Bridge Road and Lambeth Road. These streets experience a high level of through traffic.
4.30 Critical junctions in terms of congestion are identified as: • Waterloo Road roundabout (IMAX); • Westminster Bridge / Lambeth Palace Road junction; • Waterloo Road / Baylis Road / The Cut junction; • Westminster Bridge Road / Kennington Road junction.
4.31 High traffic flows along these roads result in severance for local pedestrian and cycle movements and lead to delays to traffic and buses.
4.32 The dominance of traffic around Waterloo Station should be reduced and a more efficient traffic layout should be aimed for that allows for a more pedestrian friendly environment. The Council will promote public realm improvements and traffic management measures in order to reduce the dominance of traffic and make Waterloo more pleasant to walk around. In new development, routes for service vehicles should be designed in such a way as to discourage through traffic.
4.33 Applications for major new developments will be expected to include a sustainable travel plan designed to deliver car free development proposals given the high accessibility of the area. The travel plan should show how access and servicing
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movements will minimise impacts. The Lambeth Business Travel Network can provide advice to businesses on resources and initiatives in the area, and help develop a travel plan. Development proposals should include proper servicing facilities and these should be off-street. Travel plans should minimise the impacts of freight and servicing on local communities and have regard to the Mayor’s London Freight Plan. Where appropriate, specific Delivery and Servicing Plans and Construction Logistics Plans should be submitted to address issues of servicing and freight transport.
CYCLING
4.34 The Council and SBEG have published the Adopted South Bank and Waterloo Cycle Strategy 2011-2015, while Lambeth and TFL have carried out two CRISP Studies (Cycle Route Implementation and Stakeholder Plan) in Waterloo to identify particular cycle route improvements to two key cycle routes: • Route 1 along Upper Ground to Lambeth Bridge Roundabout • Route 2 along Cornwall Road, along Baylis Road and Hercules Road to Lambeth Walk.
4.35 Although there is already some provision for cyclists on these routes, work needs to be carried out to make them fast, safe and comfortable for users.
4.36 The routes should: • Improve road safety • Provide cohesive, continuous routes, with continuity at the borough boundaries with Westminster and Southwark • Remove significant barriers to cycling making it a more attractive option • Improve permeability with connections serving key attractions and trip generators in the area. • In the case of the Upper Ground Route, provide an attractive and convenient alternative route, particularly for commuters, to the Riverside Walk where cycling is not permitted.
4.37 Cycle access and egress to and from Waterloo station should be improved from all directions and clear links to cycle routes should be established, improved and well signed. Priority provision needs to be made at all junctions on the approaching arms, firstly for pedestrians and then for cyclists in line with the Councils road user hierarchy.
4.38 New developments should connect to and improve the cycle network with direct, safe and well-lit cycle routes.
4.39 Secure cycle parking should be provided in places with highest demand – adjacent to cycle routes, transport interchanges, cultural attractions, public buildings and major education facilities. It is important that their siting (and cycle hire docking stations) does not create unnecessary street clutter or block pedestrian desire lines. Cycle parking provision in developments should exceed the standards set out in the London Plan.
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Figure 13 – Waterloo Cycle Network
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OFF STREET PARKING AND COACH PARKING
4.40 Given the excellent public transport provision in the area, car parking provision will be kept to a minimum and car-free development will normally be expected. The Council is promoting car-clubs as an alternative to car ownership and these schemes are particularly suitable for residential schemes in Waterloo.
4.41 The Council aims to rationalise the number of off-street car parks as part of the sustainable approach to transport. South Bank off-street parking will be confined to the Coin Street and Royal National Theatre sites. Limited operational and parking for people with disabilities is permitted as part of the Southbank Centre redevelopment. The Hungerford Car Park should be removed as part of this or other development in the area.
4.42 The popularity of visitor attractions on the South Bank means that a very large number of coaches and other vehicles arrive to set down and collect visitors. As set out in the South Bank Coach Management Review 2010. The Council emphasis is on providing designated drop-off points to avoid coaches being forced to pick up and drop off at unsuitable locations such as bus stops and outside residences. Coach Parking will not be permitted other than on designated on- street spaces; otherwise only short term stopping at pre-booked designated places will be permitted. The Council will be seeking to instigate an overall reduction in coach bays and enhance and improve the current management arrangements. This is critical given the loss of coach parking when the New Covent Garden Market at Vauxhall is redeveloped as part of the Vauxhall Nine Elms Opportunity Area Framework.
TAXIS
4.43 Taxis play an important role in servicing the station. Requirements for the provision for this mode need to be included in redevelopment schemes, and particularly in any redevelopment option for the station. Existing capacity for servicing the station should be retained or replaced, but improved provision will be encouraged, particularly where this helps to reduce conflicting pedestrian and vehicle movements. Major development proposals in Waterloo should consider how provision for taxi drop off will be accommodated while reducing these conflicting movements.
RIVER BUS SERVICES
4.44 Waterloo has two piers - Festival Pier and Waterloo Millennium Pier - with good river bus services to other parts of central London, Canary Wharf and the O2 Arena. The Council supports their greater use, and while they have limited capacity to provide any significant relief to congestion on other modes, these services are well used and play an important role in the visitor economy and the sustainable movement of people in central London.
4.45 The LDA has produced a River Thames Pier Plan (April 2009) to set out a rationale for pier provision on the Thames up to 2025. This anticipates that there is likely to be additional transport demand arising from the large amount of development
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proposed in Waterloo, and that some of this extra demand could be met by river services.
4.46 The Pier Plan also highlights the potential of the Festival Pier which is not operating at full capacity. Growth in the leisure market together with additional travel demand generated by development in Waterloo may contribute to increasing use of the pier.
4.47 The Pier Plan identifies a 2km gap in pier provision between Festival Pier and Bankside Pier in Southwark and advocates a new South Bank Pier between Waterloo Bridge and Blackfriars Bridge by 2015 to meet tourist and commuter travel demand from new development in the area.
4.48 Pier upgrades, extension or development will need to be subject to an appropriate desk based assessment and consequent mitigation measures if required.
4.49 Marine licence may be needed for activities involving a deposit or removal of a substance or object below the mean high water spring mark or in any tidal river to the extent of the tidal influence. Any works may also require consideration under The Marine Works (Environmental Impact Assessment) Regulations 2007 (as amended) and early consultation with the MMO is advised.
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Figure 14 – River Piers
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CHAPTER 5
PUBLIC REALM
The Existing Situation
5.1 Waterloo is one of London’s main interchanges, constantly busy with people changing modes of travel, or continuing their journey by foot. The short distance to the South Bank and even to Westminster, Charing Cross, and Covent Garden make walking in the area very convenient and, in places, very pleasant.
5.2 However, as railway and road infrastructure have developed, pedestrians have been given less priority and pushed to the margins leading to congestion in many places, particularly around the station where more circulation space is needed.
5.3 The regeneration of the South Bank has created high quality spaces – but also brought much larger numbers of visitors. The public realm in the rest of Waterloo needs to be improved to cope with the large numbers of pedestrians and to create a high quality environment.
5.4 Pedestrian routes from the station need to be improved to link with surrounding development and beyond to Lower Marsh and the South Bank. Routes need to be brought to street level to improve way-finding and to accommodate those with mobility difficulties.
5.5 The station is a barrier for pedestrians. Redevelopment of the station is a key priority not only in terms of delivering an efficient transport interchange but also in connecting public realm and other areas severed by the station. The arrangement of trains and tracks above street level needs to be turned into an advantage by maximising pedestrian circulation and ancillary facilities at street level.
Public realm strategy
5.6 The Council aims to create a world class place and policy PN1 (g) of the Core Strategy aims to achieve improvements to the public realm, permeability and linkages throughout the area. This is vital to creating a high quality setting for development schemes and the various events that take place there.
5.7 It is acknowledged that a number of large development sites are coming forward within the Waterloo Area. These schemes should provide high quality public realm within their environs.
5.8 This chapter sets out a public realm strategy for the whole of Waterloo, with objectives being:
• To create a high quality environment which in turn will encourage further central London development in Waterloo.
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• To address any congestion points and provide sufficient space for predicted increases in pedestrian flows.
• To make onward trips from the station to be simple and convenient and to provide clear, attractive routes to other parts of central London e.g., to Westminster, Covent Garden and Bankside.
• To better integrate the station into the rest of the area, maximising pedestrian access at street level and creating new and better quality routes between the two sides of the railway.
• To improve the frontage quality of the station and encourage active frontages.
Pedestrian routes
5.9 More space and priority will be given to pedestrians in managing road space. Links will be improved between key areas to create attractive, convenient routes for walking. Routes should be continuous and at street level – vertical detours such as subways and footbridges should be removed, and excessive and unnecessary guard railing removed.
5.10 Major developments should show how they would add to and connect to the pedestrian network. The three priority links that need to be provided to complete the Waterloo network are: • Route from west side of the station to Hungerford Bridge (south). • New pedestrian route under the station – probably via the Peak Hour subway/Milk Arch. • Route from Victory Arch to National Theatre via IMAX roundabout.
Route from west side of the station to Hungerford Bridge (south)
5.11 A key aim of the development strategy for Waterloo is to open out the west side of the station. This will enable more convenient access from the station to the river generally, but the key link will be a street level route from the west side of the station to Hungerford Bridge.
5.12 At present this is a raised walkway from the station to the Shell Centre. The route through the Shell Centre is closed to the public, and there is no clear route across Hungerford Car Park to Hungerford Bridge.
5.13 The Council will work with landowners to secure a high quality, continuous street level route from the station to Hungerford Bridge (and the Riverside Walk). This should lead from the street level WIT entrance, through the redeveloped Elizabeth House site, continuing at street level through the Shell Centre and Hungerford Car Park to the bridge. Eventually, the car park should be converted to open space as an extension to Jubilee Gardens. The Council may be willing to consider some development in this location, providing that the main use of the space is as open space, Hungerford Car Park is designated as Metropolitan Open Land, the de- designation of which must be secured by an amendment to the London plan
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5.14 Each component will be delivered separately through site specific schemes but Lambeth will require developers to work together through a masterplan to create a coherent, high quality route.
5.15 York Road is an unpleasant environment and proposals for Elizabeth House and the Shell Centre should upgrade this street and consider whether any part of York Road could become a shared space so that pedestrian priority is increased as in other parts of Central London. Improved crossings should be provided on York Road as part of a strategy to provide street level routes and spread pedestrian movements around the station area. TFL will need to be satisfied that bus and traffic flows are not unacceptably affected if the footbridge is to be removed.
Pedestrian access to, and through, the station
5.16 As station improvements deliver extra passenger capacity, the public realm around the station will need to be enhanced in order to provide sufficient circulation space outside the station.
5.17 In order to deliver a successful interchange, Lambeth will require the following:
• Street level access to the station. • Opening out the west side of the station. • Better links through the station.
Street level access to the station
5.18 A key priority in improving pedestrian movement through Waterloo is to maximise pedestrian access to the station at street/ground level. Access should be created from all directions, eventually creating new links, in particular: • Leake Street should be enhanced as a safe pedestrian and cycle route, through innovative lighting and active uses in the arches. • A new east-west route should open up under the station. Opening up the Milk Passage is structurally the easiest option and the new link should tie in with proposals for the former Eurostar Terminal and a new entrance to the station there. • Direct Link to Lower Marsh from the station.
5.19 Service access to the station will continue to be needed and must be retained in some form, but the current loop around the station causes conflict with pedestrian movement. To further improve connectivity and continuity of pedestrian routes, the Council will encourage service roads to be removed or replaced where opportunities arise to provide alternative access. Shared spaces, for example, could be used to create a more pedestrian friendly environment around the station.
5.20 Reuse of the WIT should enable provision of a new street level entrance on the western side of the station to the mainline station and to the LU Northern Line ticket hall. In the short term, this new entrance would serve to provide a more direct route to the London Eye, County Hall and Westminster Bridge Road.
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5.21 Over time, this new entrance could link with the peak hour overflow route under the station to become a permanent route under the station and eventually provide direct street level access to Lower Marsh.
5.22 More street level activity could be achieved gradually. Reuse of WIT below the platforms for retail development will create opportunities for arches in the older part of the station to be opened up for routes, facilities and commercial uses. Lambeth will encourage any street facing arches to be used for entrances or active frontage uses, for example, at Mepham Street.
Opening out the west side of the station
5.23 The key elements of opening out the west side of the station will be the reuse of WIT, the redevelopment of Elizabeth House and the treatment of the spaces around the two buildings.
5.24 Reuse of WIT will allow entrances on this side of the station to be opened out. Unlike when Eurostar operated from Waterloo, use by domestic services creates scope to connect these entrances to the rest of the station and draw more activity to this side of the station.
5.25 Streetscape improvements to West Road outside WIT currently closed to traffic and pedestrians should provide a new public space. The re-opening of this entrance for pedestrians together with enhanced public realm would help to draw people away from the currently congested Victory Arch.
5.26 Redevelopment of Elizabeth House will be vital in reconnecting this side of the station with the rest of the South Bank. The Council will require permeability through the Elizabeth House site to be maximised, to create routes that follow desire lines from the station to the riverside and bridges. Any proposed layout for this site should also enable pedestrians to move freely from Concert Hall Approach / Sutton Walk to the west side of the station.
5.27 The section of Leake Street between WIT and York Road will need to be enhanced and promoted as a high quality pedestrian connection from the station to County Hall, St.Thomas’ Hospital and Westminster.
Better links through the station
5.28 The station and the railway viaducts create a massive barrier between the South Bank and central London activities on the one side, and Lower Marsh and the residential communities on the other. Access to St Thomas’s Hospital from the station is also difficult and convoluted. As the station is upgraded, there will be opportunities to reduce these divides by opening up new routes under the station.
5.29 Lambeth’s general approach is to open up and enhance railway arches for routes or active uses, e.g., through imaginative lighting and live frontages.
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5.30 To enliven Leake Street some arches are already in use, for example, by the Old Vic theatre, and Lambeth will encourage further opening up of these spaces to encourage more pedestrian use and improve this important link to Lower Marsh.
5.31 A new pedestrian link from Lower Marsh under the station could be created by linking the new western station entrance and the peak hour subway. In the longer term a connection could be made with Lower Marsh itself, via the Milk Arch for example. The route would be direct but long and completely under the station, so in order to make it attractive, it would need good head height and active frontage uses. The Council will encourage the provision of this route and the general provision of more concourse facilities at street level to better integrate the station with the surrounding area.
Clear, direct routes for disabled people
5.32 All the above public realm projects will help to improve access for disabled people, the elderly and people with young children, but as access is currently so poor and disjointed, this aspect needs to be focussed on so that the station programme delivers significant improvements.
5.33 Crossings need to be improved to encompass the needs of mobility and sensory impaired pedestrians in the heavily used spaces around the station. Dropped kerbs should be provided at all pedestrian crossings used to access the station and a consistent approach to provision of infrastructure promoted. The changes in level will require public lifts for wheelchairs. These should be large lifts so that all people with suitcases, pushchairs as well as wheelchairs can easily access facilities.
5.34 The Council will seek a separate access strategy from Network Rail and TFL for the Waterloo Interchange to guide the station improvement programme.
Public Realm projects 5.35 Key projects that the Council will seek to implement with partners in order to enhance the Waterloo area are:
• Elizabeth House – redevelopment of the 1960’s office block on York Road, with new routes between the station and York Road and improved space outside the Victory Arch.
• Extension to Jubilee Gardens – converting Hungerford Car Park to open space to tie in with the high quality park at Jubilee Gardens.
• Creation of new accessible pedestrian routes from Belvedere Road and Waterloo Bridge to the River and public spaces and roof gardens as part of Southbank Centre's refurbishment of the Queen Elizabeth Hall and Hayward Gallery.
• South Bank Spine Route – working with landowners and other partners towards the refurbishment and upgrade of Upper Ground, Belvedere Road and approaches to provide a high quality route for all users.
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• Emma Cons Gardens – reconfiguring the open space opposite the Old Vic to create a more attractive gateway to Waterloo and a space suitable for community events.
• Lower Marsh/ Westminster Bridge Road – provision of high quality surfacing, new street furniture and better market management to create an attractive shopping street (currently under construction). Improvements to Westminster Bridge Road rail tunnel.
• Doon Street – new square and pedestrian link from Waterloo Bridge as part of the approved development scheme .
• Creation of new accessible space as part of the future redevelopment of the Shell building.
• IMAX roundabout and Waterloo Road – provision for incremental improvements to the pedestrian environment and installation of a high quality public realm.
Active frontages 5.36 Active ground floor uses, such as retail services, restaurants, cafes, pubs, health and social facilities on main pedestrian routes help create a lively, safe and attractive atmosphere. Active frontages are particularly important at the proposed IMAX roundabout, Waterloo Road, York Road, Stamford Street, Lower Marsh, The Cut, the Riverside Walk, Belvedere Road, Upper Ground and the new routes through Waterloo station and WIT.
5.37 Lambeth supports projects to turn viaduct arches in Waterloo from problems into assets by putting them to active uses or showing how they could be safe and attractive routes. Making the railway arches more welcoming and permeable will help to reconnect the area and create a more pedestrian friendly environment, e.g. through imaginative lighting and live frontages.
Public realm quality 5.38 The careful design, construction and maintenance of streets and footways within Waterloo is important to ensure the creation of a high quality public realm. Consistency of approach to the design of streets, including footway and carriageway surfaces, should be ensured. This will improve the appearance of the area and aid maintenance procedures.
5.39 Generally a restrained approach should be adopted using a limited palette of high quality materials. Within sensitive areas, such as conservation areas, the restoration of existing good quality paving will be encouraged.
5.40 Street clutter should be reduced and kept to a minimum. Removing street clutter improves the appearance of an area and will be given priority in street work projects. Where possible, services should be co-located, e.g. mounting of signs on walls and lampposts. Guard-railing should be removed, unless there are no other appropriate traffic management measures.
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5.41 All street furniture should be: • Of simple, high quality and durable design; • Co-ordinated in terms of materials and colour; • Designed to discourage anti-social behaviour such as rough sleeping and skateboarding; • Respond to the needs of disabled people; and • Be located in a position that does not impede pedestrian flows or pedestrian desire lines.
5.42 Street furniture must be approved by the relevant Highway Authority to ensure compliance with standards and ensure there are no maintenance liabilities. Improvements should also take into account guidance produced by the South Bank Employers’ Group: • South Bank Streetscape Design Guide (SBEG, 2004). • South Bank Urban Design Strategy (2002).
5.43 As part of the Mayor’s Water Strategy and Policy 7.5 of the London Plan, Lambeth will encourage the provision of drinking water fountains in public spaces at and around the interchange and South Bank.
5.44 CCTV cameras should be mounted on buildings and walls to minimise visual intrusion wherever possible. Where sight line requirements dictate that cameras need to be installed on poles, they should double-up with lighting or other items of equipment, to minimise clutter.
Wayfinding and Information 5.45 Waterloo is visited by many tourists who do not know the area, and it is also a place that can be difficult for local people to navigate. The provision of information which enables people to move easily around the area is important. Information at the station and in the area enabling and encouraging visitors to choose to use public transport rather than a taxi will be encouraged.
5.46 Legible London wayfinding has been installed in Waterloo and Lambeth will encourage its use in areas beyond Waterloo. Developers will be required to provide further Legible London signage where there are gaps in coverage, or contribute to the provision of signage.
Public art 5.47 Public art will be promoted as part of development proposals to define and enhance public realm.
5.48 Art in the public realm should provide unique installations that add to the South Bank’s status as an international centre for the arts or help spread cultural activity and interest south of the railways. The Council encourages pooled S106 contributions to art works in keeping with the public realm of the area rather than linked to the development site.
5.49 Public art can also be a good way to add to the attractiveness of spaces, for example tunnels and arches under the railways.
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Tree planting and landscaping 5.50 Tree planting and landscaping will be encouraged where appropriate. The species should be appropriate to the streetscene and the highway authority should be consulted to ensure there are no maintenance liabilities.
5.51 Trees and landscaping as a part of enhancement schemes can help to soften the hard landscape and provide visual and environmental amenity. Careful consideration must therefore be given to the location and type of trees within the Waterloo context. Opportunities for tree planting are constrained by the density of underground services but appropriate landscaping will be encouraged to introduce more greenery and soften the environment. The planting of street trees should allow adequate space for accessible bus stops and ensure overhanging branches do not present an obstacle to double decker buses.
5.52 Trees and landscaping should reflect the function and scale of streets and open spaces, as well as existing landscaping within the surrounding context. Tree- planting in certain spaces can create attractive gateways to the area, while tree- lining certain routes could create boulevards, such as at York Road and Stamford Street. Additional tree planting could create a sense of a green link at Hatfields.
Parks and open spaces (see Figure 15) 5.53 The Council will protect and enhance open spaces and encourage a network of links to connect these spaces.
5.54 Given the limited amount of open space and increasing numbers of people putting pressure on them, it is important that these open spaces are co-ordinated to ensure that they perform complementary roles that reflect their size, location and catchment population. Landscaping and planting are an important way in which the character and function of open areas can be strongly defined and portrayed. Plant species must be encouraged that contribute to the ecology of the space.
5.55 The creation of more amenity space is a priority for the area and will be encouraged as part of development schemes either on site or off-site through pooled s.106 contributions. A key proposal for the area is the extension of Jubilee Gardens onto Hungerford Car Park. Local needs for sports recreation will need to be provided either at Archbishops Park or elsewhere in north Lambeth through pooled s.106 contributions.
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Figure 15 - Parks and open spaces
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Figure 16 – Waterloo area in context
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Figure 17 – Major national and local destinations
Figure 18 – Key routes and connections
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Figure 19 – Key routes and enhanced public spaces
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Figure 20 – An enhanced urban structure for Waterloo.
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CHARTER 6
SUSTAINABLE DESIGN AND CONSTRUCTION
6.1 The Council will encourage development that is sustainable in terms of waste, water, energy and transport to meet the needs of the current and future commercial residential populations.
Policy Context 6.2 The London Mayor’s energy strategy aims to put London on a path to achieving a 60 per cent reduction in CO2 emissions by 2050, relative to 2000.
6.3 As part of this strategy, London Plan (2011) Policy 5.2 requires an assessment of the energy demand and carbon dioxide emissions from proposed major developments, which should demonstrate the expected energy and carbon dioxide emission savings, including the feasibility of CHP/CCHP and community heating systems. This policy applies the Mayor’s energy hierarchy to new development – using energy efficiency measures, CHP/CCHP, and then renewable energy as part of an overall approach to reduce C02 emissions.
6.4 Lambeth Core Strategy policy S7 promotes the highest standards of sustainable design and construction by:
• Requiring all major development to achieve a reduction in carbon dioxide emissions in line with the London Plan through energy efficient design, decentralised heat, cooling and power systems, and on-site renewable energy generation. All other developments are required to achieve the maximum feasible reduction in CO2 emissions through these measures. • Supporting the development of decentralised heat, cooling and power networks as part of major developments. • Promoting zero carbon and low carbon development. • Promoting improvements in the energy efficiency of existing buildings
6.5 Further guidance is set out in Lambeth’s SPD on Sustainable Design and Construction.
Development Guidance/ Requirements 6.6 The large scale development opportunities and scope for high density development in a concentrated area creates particular opportunities to incorporate the principles of sustainability into the next generation of buildings in Waterloo.
Minimise energy consumption 6.7 Buildings should be designed to minimise energy consumption by maximising passive heating and cooling.
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6.8 The need for active cooling systems should be reduced as far as possible through passive design including natural ventilation, appropriate use of thermal mass, external summer shading and vegetation on and adjacent to developments. The need for active heating should be minimised through employing efficient built forms, materials, orientation and layout (passive solar gain). Furthermore artificial lighting should be reduced with adequate daylight and sunlight being achieved throughout the living and workspace areas of the building.
6.9 Sustainability assessments for new development proposals should take into account the embedded energy in existing buildings. The Council will encourage the retention, reuse and recycling of building materials.
On-site renewable energy 6.10 All major developments are expected to achieve a reduction in carbon dioxide emissions of 20% from on site renewable energy generation unless it can be demonstrated that such provision is not feasible in line with London Plan policy 5.7.
6.11 All developments should demonstrate that their heating, cooling and power systems have been selected to minimise carbon dioxide emissions. In order to meet this target Lambeth will encourage a mix of renewable energies within the opportunity area. S106 agreements will be used to ensure compliance with the policy for the lifetime of the building.
6.12 Where the required reduction from on-site renewable energy is not feasible within major new developments, a financial contribution will be sought to an agreed borough-wide programme for carbon dioxide emissions reduction.
Combined cooling, heat and power and community heating. 6.13 Major development, where feasible, should incorporate combined heat, cooling and power and community heating.
6.14 Policy 5.6 of the London Plan states that developments should demonstrate that their heating, cooling and power systems have been selected to minimise carbon dioxide emissions. Developments should evaluate combined cooling, heat and power (CCHP) and combined heat and power (CHP) systems and where a new CCHP/CHP system is installed as part of a development, examine opportunities to extend the scheme beyond the site boundary to adjacent areas.
6.15 District CCHP/CHP systems offer the best practical means to make more efficient use of energy and reduce carbon dioxide emissions. They also offer scope for existing homes and businesses to benefit from affordable heating and to achieve CO2 emission reductions.
6.16 A strategic feasibility study of energy supply and CCHP options for the South Bank area was completed in February 2009. The study was commissioned by the South Bank Employers Group, and supported by the LDA, and sets out the technical, economic and environmental viability of a district energy network. It identifies how a CCHP network could be developed in the area providing a means for both new and existing development to achieve substantial carbon emission reductions. More detailed feasibility work will be carried out and developers will be encouraged to
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consider how they can contribute to delivering the network as part of reducing their CO2 emissions. The Guy’s and St.Thomas’ NHS Trust has already installed a CHP system at St.Thomas’ hospital for the complex of buildings there.
6.17 Where there are a few large development sites close together, the separate planning applications should consider using a centralised system for all those sites. Where this cannot be delivered in one phase of development due to timing or separate ownership, passive provision to allow for future connection to a wider decentralised network should be built into the development proposals to allow for its eventual delivery.
Connecting to district energy networks. 6.18 New buildings within the SPD area should be equipped with adequate fixtures or design to allow for future expansion of renewable technologies and integrated networks of waste and energy management.
6.19 All proposals should be configured to enable developments, where possible, to receive power, heating and cooling from a district power heating and cooling systems or networks of systems. Lambeth will encourage developers to facilitate and connect to the energy network identified by the 2009 SBEG study and to work with SBEG and the LDA to incorporate connection into their designs at the earliest stage. Further information is available from SBEG.' Where a local district heating network incorporates heat derived from renewables, this would offset the requirement for on-site renewables.
Green roofs 6.20 Green roofs and or walls should be incorporated within new buildings where appropriate.
6.21 Green roofs can improve the local microclimate, absorb noise and create space for amenity or biodiversity. Native plants and species should be used where possible as they generally have lower maintenance needs and can enhance the local biodiversity. Waterloo has little green open space and development should maximise the use of green roofs to provide new amenity and wildlife space.
Sustainable Water Management 6.22 Sustainable Water Management should be incorporated within all development in line with the Mayor’s Drainage Strategy and the Mayor’s Water Strategy.
6.23 London Plan Policy 5.13 promotes sustainable drainage and Policy 5.15 aims to protect and conserve water supplies and resources. Water efficiency measures should include the reuse of rainwater and grey water. Sustainable Urban Drainage Systems (SUDS) should be employed where appropriate.
6.24 It is essential that developers demonstrate that adequate water supply and sewerage infrastructure capacity exists both on and off the site to serve the development and that it would not lead to problems for existing users. In some circumstances this may make it necessary for developers to carry out appropriate studies to ascertain whether the proposed development will lead to overloading of existing water & sewerage infrastructure. Where there is a capacity problem and
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no improvements are programmed by the water company, then the developer needs to contact the water authority to agree what improvements are required and how they will be funded prior to any occupation of the development. The assessment of the impacts on water and wastewater infrastructure will be required for all major developments in line with Policy S1 of the Core Strategy.
Flood Risk Management 6.25 The whole SPD area lies within the high risk Flood Zone 3a with tidal influences from the River Thames, but is protected by flood defences and the Thames Barrier. Risks still exist in the event of a failure of flood defences or other forms of flooding, such as sewer flooding.
6.26 The Council will work in partnership with the Environment Agency to manage and mitigate flood risk. Development proposals within flood risk areas are required to demonstrate how they will mitigate and manage flood risk through appropriate measures. Flood Risk Assessments should accompany planning applications in Flood Zone 3a. Development must comply with the exception tests in national policy in Planning Policy Statement 25 (Flooding) and with London Plan policy. On sites adjacent to the river Thames, remediation and improvements to the flood defence walls will be required where these are in poor condition. When developing within 16m of the tidal flood defence, developers need to make a statutory application to the Environment Agency for land drainage consent. Measures to mitigate flooding from groundwater and sewers should be included in development proposals for which this is a risk.
Community safety 6.27 Development must contribute to creating a safe and secure community at Waterloo. Development must adhere to ‘designing out crime’ principles, ensuring neighbourhoods and the routes through them are well lit and provide surveillance. The Waterloo area must be resilient to terrorism.
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Chapter 7
SITE SPECIFIC GUIDANCE
• Waterloo Station & Waterloo International Terminal
• Shell Centre
• Hungerford Car Park
• South Bank Arts Complex
• Elizabeth House
• Union Jack Club
• Lower Marsh
• Cornwall Road bus garage
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7.1 WATERLOO STATION & WATERLOO INTERNATIONAL TERMINAL
CURRENT SITUATION
7.1.1 Waterloo station is operating at its maximum capacity with approximately 85,000 passengers in each peak three hour period. Passenger congestion on the main concourse and the links to and from the London Underground lines is becoming a significant problem and the number of passengers using the station is predicted to increase which would lead to significant congestion.
7.1.2 In order to accommodate this passenger growth, significant improvements will be needed at Waterloo Station - platforms will need to be lengthened to take longer trains, more concourse space will be needed to provide greater circulation space and greater capacity on connecting modes is required. Together, these interconnecting improvements represent a major upgrade programme.
7.1.3 The footprint of the station and its approaches is severely constrained – but at the same time, the former International Terminal lies unused. Use of the long international platforms would allow other platforms in the station to be extended.
7.1.4 Remodeling of Waterloo Station to increase station capacity has the potential to provide 10,000-20,000 jobs.
Key phases of the station upgrade
7.1.5 It is anticipated that the upgrade of the station will be delivered in stages: • By 2014, 10 car platforms. • Reuse of the International Terminal. • In the longer term, 12 car platforms. • A new street level concourse, also in the longer term. • Commercial development to part-pay for the improvements. Government funding commitments and detailed proposals for Waterloo station and WIT are currently being progressed.
7.1.6 Key components of the station upgrade are set out in below.
Bringing International Terminal (WIT) platforms back into use
7.1.7 Work to make WIT platform 20 available for domestic services has been completed but is not yet operational. The reuse of the other four currently vacant platforms and concourse of the former WIT for domestic services would enable Network Rail to provide ten car trains across all platforms. As the WIT platforms are able to accommodate 20 car trains, it would be possible to shorten the platforms and thereby allow the extension of some mainline station platforms.
7.1.8 Before the platforms are brought into use, works will be required to provide access to the WIT platforms from the main concourse effectively linking the two stations. The WIT platforms are 1.8 metres higher than the main station concourse and will need steps or a ramp structure to allow the platforms to connect with the concourse. The WIT platforms are also separated by the “orchestra pit” – the
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former Eurostar departure area and this space will need to be bridged over to provide access to the platforms should direct access be required.
Reuse of the space below the WIT platforms
7.1.9 The former arrivals and departures areas for WIT stretch the length of the station. These large areas on two floors provide an opportunity for new commercial floorspace, potentially a supermarket – but space will need to be retained for access to the platforms above and routes through to the main station.
7.1.10 Reuse of WIT would relieve congestion on the main station concourse and at the Victory Arch entrance by dispersing passengers with the provision of additional and more direct routes towards the York Road and Westminster Bridge Road.
7.1.11 Reuse of WIT generally and retail use beneath the platforms should enable the following benefits: • The provision of new entrances to the west side of the station. • New active street frontages to the west side of the station. • An improvement to the appearance of West Road. • Improvements to connections to Lower Marsh.
7.1.12 Retail use of WIT is supported where this would complement existing independent retail shops in Lower Marsh as well as existing facilities at the main station.
Providing for 10-carriage trains
7.1.13 Network Rail is committed to providing 10 car trains on the South West Main Line network by 2014, as stated in the London and South East RUS (July 2011).
Providing for 12-carriage trains
7.1.14 Although the WIT platforms are already sufficiently long to handle 12 car trains, the rest of the station would have to be substantially remodelled.
7.1.15 Capacity for 12 car trains could be provided by redevelopment of the country end of the tracks but the railway track layout is very dense with less room for infrastructure between tracks.
7.1.16 Provision of 12 carriage trains would trigger the need for: • Much larger concourse space and this can only be provided at street level. • Additional capacity on connecting modes such as the Underground and buses, and improved pedestrian links to and from the station.
Create separate street level access to the Underground from West Road (west side of the station).
7.1.17 It is only possible to access the Underground station for the Bakerloo, Northern and Waterloo & City lines via the main station – which is at a higher level than the surrounding streets. The main Underground ticket office is close to West Road and
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a separate, direct London Underground access would enable simpler access to Underground services and continued access should the main station be closed.
Create new station concourse at street level.
7.1.18 Providing concourse and entrances at street level would help integrate the station with the local area and help free up parts of the station above for more circulation space.
7.1.19 Re-opening WIT would create opportunities to open links through to the arches below the main station, and could eventually create a pedestrian through route linking York Road and the South Bank with Lower Marsh. Reopening the WIT will provide a new street level entrance on the western side of the station, improving access and relieving congestion at other entrances.
7.1.20 A street level concourse could be achieved in one of two ways:
• Progressive reuse of existing arches for circulation and commercial uses. Opportunities will be limited by the height and width of the arch structures, servicing needs and uses ancillary to the station. • As part of a major redevelopment of the station. This has the advantage of creating a new structure with greater clear spans and more flexibility in the use of space, but will only be deliverable as part of a major reconstruction of the station above.
Create new through routes for pedestrians from York Road to Lower Marsh.
7.1.21 A key objective for Lambeth is to achieve better links through the station from York Road with Lower Marsh and the area south-east of the station. New street level entrances and street level concourse space will be seen by the Council as a means to gradually achieve these new links. It is already possible to walk through Leake Street but the route needs to be enhanced to create a safe attractive route. There is also potential in the longer term for greater use of the peak hour subway – to connect to new entrances on the west side of the station and extend towards Lower Marsh via the Milk Arch (Figure 21).
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Figure 21 – Proposed Street Level Entrances
Development Opportunities
7.1.22 It is likely that providing for 12 carriage platforms will require redevelopment of parts of the station – and at the same time, commercial development could help meet some of the upgrading costs. Development proposals for the station site will only be acceptable if they are part of a comprehensive approach to improving the interchange.
7.1.23 Several physical constraints limit the development potential of the station: • Four underground lines converge under Waterloo station – the tunnels and shafts present a major obstacle to development. • The underground station complex contains structures with particular sensitivity to movement, principally, escalators, travelators, lifts and old ventilation plant. • The mainline platforms and tracks are a constraint to potential above station development. The options for the placement of supporting columns are limited as a minimum width of platform is required to provide signal sightlines and sufficient space for passenger flow.
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Figure 22 - Underground Constraints (Source: Jacobs, 2009)
7.1.24 Figure 22 shows parts of the station where piling is restricted by underground constraints. Although there are no defined “Exclusion Zones” for activities in the ground in the vicinity of London Underground structures, there are restrictions on the distance that piling should be from a structure and any such proposals would need to be agreed with TfL.
7.1.25 The area around the Victory Arch entrance in particular is affected by the Jubilee Line pedestrian travelator. The travelator is very sensitive to movement and could easily be disrupted by upward or downward earth movement.
7.1.26 Figure 23 shows potential development areas on the station site.
Development of the International Terminal
7.1.27 WIT was constructed using a shallow raft which sits over the Bakerloo Line tunnels which has limited capacity to support further loading. Furthermore, the network of Underground lines under the station is at its densest below WIT, pushing up the costs of the substructure of any new development. It is also noted that development over the Bakerloo and Northern Line ticket hall is considered impracticable without its closure.
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7.1.28 Given the existing, modern and substantial railway infrastructure at WIT, its reuse is preferred over its demolition. WIT has modern platforms that are more than long enough to accommodate Network Rail’s upgrade for 12 car trains. To rebuild these platforms would be an unnecessary cost. Although some works are necessary to bring the platforms back into use, they are otherwise built to modern standards.
Figure 23 - Potential Areas of Development
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7.2 SHELL CENTRE
Site History 7.2.1 Shell is one of Lambeth’s largest employers and the Shell Centre represents one of the borough’s largest development opportunities.
7.2.2 The redevelopment of Shell Centre as a major mixed use development comprising a large amount of office space and residential units as well as significant retail uses has the potential to deliver 1,200 to 1,500 jobs.
Current Status 7.2.3 Shell appointed a development partner in 2011 and intends to redevelop the site for mixed uses, but retaining the site as the company’s UK headquarters. The Shell Tower will be retained.
7.2.4 Planning permission and conservation area consent was granted on appeal in 2004 for a scheme including part demolition and the erection of a mixed use building of 69,000sqm on the podium site (01/02543/FUL). A new planning application was submitted to the Council in December 2012.
Development Principles
Urban Layout Proposals should preserve and enhance the character and appearance of the South Bank Conservation Area.
The setting of the Grade I listed Royal Festival Hall should be conserved and enhanced.
The pre-eminence of the Shell Tower to be retained as a London landmark. The Shell Centre is locally listed with the Shell Tower a positive contributor to the Conservation Area.
The listed fountain should be retained or a suitable new location found.
Open space should be provided either in its own right or to generate improvements to open space within the wider area.
Development should frame and enhance the setting of Jubilee Gardens. The bulk, scale and mass in relation to Jubilee Gardens and Chicheley Street will be particularly important.
Redevelopment should improve permeability and pedestrian linkages. Provision of clear routes and attractive spaces that connect well into the wider area will be required.
Pedestrian routes through the site should be provided at street level to form part of a direct connection between Waterloo Station and Hungerford Bridge (south side) and between the Station and the London Eye.
Grain and Development should relate positively to the Shell Tower and be of contextual Height height to complete the shoulder of the Shell Centre.
Redevelopment of the north wing to a taller height may be acceptable if it enables the creation of new open space elsewhere on the site. Subject to impact on views and residential amenity.
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Development should scale down from tall buildings at the station to the riverside.
Development will need to avoid the creation of an overall wall effect that could harm the significance of the surroundings assets.
The perceived canyon-like character to York Road should be addressed.
Land Use Mixed-use employment-led development - office (B1)/ residential including affordable housing.
Ground floor retail/ cultural/ community.
Sports/ leisure for public use.
Replacement of police facilities.
Consider the replacement of the high level east-west pedestrian link to Waterloo Station with link at grade to Hungerford Bridge. Transport Retain and enhance existing east - west pedestrian link to south of site.
Public Realm Retain a view of the London Eye from York Road
New street level pedestrian route across the site to replace the upper level walkway and connect Hungerford Bridge with the station. Proposals for any section of the route must contribute to achieving a coherent design for the whole bridge to station route.
Rationalise and improve the public realm at the north east corner of the site where Concert Hall Approach meets the approach to Waterloo Station.
Improvements to Belvedere Road, York Road and Chicheley Street.
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Figure 24
© Crown copyright LB Lambeth 100019338 2004
Waterloo Area SPD 75 Page 76
7.3 HUNGERFORD CAR PARK
Site History 7.3.1 Hungerford Car Park sits between Hungerford Bridge and Jubilee Gardens. London County Council identified the site for open space in 1934, and in 1951 the site housed the Festival of Britain’s Dome of Discovery. Jubilee Gardens opened in 1977 and was intended to eventually fill the area between County Hall and the railway viaduct.
7.3.2 Jubilee Gardens was designated as Metropolitan Open Land (MOL) in 1990. Planning permission was granted in the same year for new gardens that stretched across Hungerford Car Park but were never completed. Instead, the gardens and car park were used in the 1990s as a construction site for the Jubilee Line Extension works.
Current status 7.3.3 In 2012, Jubilee Gardens were re-landscaped to provide a high quality park and this is very intensively used as the number of visitors to the area continues to increase. There is very little green space in Waterloo and the car park is the only real opportunity to increase provision in the area. A priority project of the area is to extend the park on to part of the car park area.
7.3.4 Jubilee Gardens is protected as Metropolitan Open Land under policy 7.17 of the London Plan. Two thirds of Hungerford Car Park is also protected as Metropolitan Open Land under this policy and Lambeth seeks the conversion of the car park to open green space as an extension to Jubilee Gardens. Policy PN1 (d) of the Core Strategy supports the development of the remaining third of Hungerford Car Park for arts and cultural uses and appropriate supporting uses.
Development Principles
Urban Layout Development at the Hungerford Car Park will only be considered acceptable if it enabled the extension of Jubilee Gardens.
At least two thirds of the car park site would be required to be used as open space.
Development should maintain the campus style building pattern on the South Bank.
A direct pedestrian route from the Hungerford Bridge to the station via the Shell Centre at ground level should be provided.
The protected view to St.Paul’s Cathedral from Westminster Pier must be maintained.
Building up to existing railway viaduct whilst providing sufficient servicing.
Development around Jubilee Gardens should frame and enhance its setting and relate to it in terms of access, frontages, and public realm design.
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Grain and Height Development should minimise the footprint of the building above ground by locating, where feasible and economic, as much of the proposals underground as possible.
Height restricted in central part of site by the need to retain linear view of St. Paul’s Cathedral from Westminster Pier.
There is potential to rise to the height of the Royal Festival Hall to the west of the view corridor facing onto Riverside Walk but views from the Festival Hall to the London Eye and Houses of Parliament should be retained.
New building should not adversely affect the character and setting of adjacent Listed Buildings.
Land Use Uses contributing to or otherwise supporting the South Bank’s world class arts and cultural status.
Extension of open space to create an enlarged, coherent public open space.
Active frontages on three sides (east, west and south) with facilities ancillary to the primary arts and cultural use.
New pedestrian environment in areas to east and west of site.
Existing servicing to be retained and any new servicing to be provided along the Transport viaduct.
Provision of emergency access.
Public Realm New street level pedestrian route across the site to replace the upper level walkway and connect Hungerford Bridge with the station.
Extending Jubilee Gardens onto Hungerford Car Park.
Upgrading of Riverside Walk.
S.106 Funding public realm improvements – the creation, delivery and maintenance of the Jubilee Gardens extension and upgrading Riverside Walk.
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Figure 25
© Crown copyright LB Lambeth 100019338 2004
Waterloo Area SPD 78 Page 79
7.4 SOUTH BANK ARTS COMPLEX
Site History
7.4.1 The South Bank is Europe’s largest arts centre comprising the Royal Festival Hall, the Queen Elizabeth Hall, Purcell Room, the Hayward Gallery, the British Film Institute and the National Theatre. Lambeth recognises the importance of the South Bank Arts Complex to the country and the benefits it brings to Lambeth residents. The Council supports the renewal of the complex to enhance its leading arts and cultural role. Any proposed development should preserve or enhance the setting of this complex.
7.4.2 The South Bank Arts Complex is characterised by large scale stand alone concrete buildings with a strong horizontal emphasis. Due to large block sizes connections between the Riverside Walk and Belvedere Road are infrequent. Many of these links are service access streets with blind frontages and low streetscape quality.
7.4.3 Improvements to facilities at the South Bank Arts Complex could result in an additional 400 jobs.
Current Status 7.4.4 In 1999 a masterplan for the entire Southbank Centre site was produced by Rick Mather Architects. This masterplan provides a framework for the improvement and extension of existing cultural facilities and public realm improvements. Phase 1 of the masterplan saw the refurbishment of the Festival Hall in 2007 and improvement of the surrounding area. Phase 2 was realised through the re-landscaping of Jubilee Garden in partnership with the Council, TfL and Jubilee Gardens Trust. Phase 3 of the masterplan, the refurbishment of the Queen Elizabeth Hall, Purcell Room and Haywood Gallery complex, now part of the Festival Wing project was announced in early 2013 and scheduled for completion in early 2017. The BFI has aspirations to find new premises on the South Bank – this would free up the current buildings for other cultural uses, allow rear servicing to the remaining buildings on the current site and enable improvements to pedestrian access through the site.
7.4.5 As part of the 1999 Rick Mather Architects masterplan, a South Bank Urban Design Strategy was produced in 2000. Its principles are: • Improved accessibility, legibility and public open space. • Primary entrances to all destinations located at ground level. • Greater mix of use aimed at bringing visitors throughout the day. • All building frontages throughout the site should be animated with arts foyers, café and arts related retail. • Improved linkages between public open space, cultural facilities, public transport, highway networks and other key destinations looking beyond the limits of the Southbank Centre site. • Belvedere Road to be treated as an important cultural street.
7.4.6 A masterplan has also been produced by the National Theatre. This makes provision for a new building to the rear of the site providing extensive new facilities for the construction departments and active frontage onto Upper Ground. Enlarged public spaces around and within the Cottesloe Theatre are proposed, these will
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incorporate extensive education facilities, a refurbished and vehicle-free public realm in the north east corner, as well as active frontage around the entire riverside of the building. The masterplan proposes more accessible and better landscaped public terraces.
Development Principles
Urban Layout Retention of existing urban grain (large scale pavilion buildings) in line with conservation area appraisals and management plans.
Extensions should respect the forms and design of the host building along with its materials and construction details.
Entrances and foyers should be at ground level where possible.
Grain and Height Blanket height and contextual design in line with conservation area appraisals and good conservation practice.
Building heights should consider the horizontal character of the area and be appropriate to their context.
Land Use Overall character of the area as an ‘arts space’.
Shops, restaurants and cafes that are ancillary and complementary to the arts and cultural facilities, especially to create active frontage along Queens Walk and Belvedere Road.
Other commercial developments associated with the arts and cultural use of the South Bank where there is a clear and lasting benefit to the arts and cultural use.
Transport Improved at grade pedestrian links between the Riverside Walk and Belvedere Road / Upper Ground.
Improved undercroft and ground level service areas at Queen Elizabeth Hall / Purcell Rooms / Hayward Gallery complex to secure safe, attractive and legible pedestrian environments.
Better connections with upper level terraces.
Improve the quality of street frontages and spaces for pedestrians by separation of service lanes and delivery yards, maximising rear and underground servicing in any improvement scheme.
Public Realm Public realm improvements including improved at grade pedestrian links, removal of high level walkways and better connections between levels.
Upper Ground and Belvedere Road should be enhanced through public realm improvement which should be robust and related to the strong character of the South Bank Arts Complex.
Queen’s Walk will be retained at its current width, and where appropriate widened through redevelopment.
Improve and enlarge Jubilee Gardens.
Improve Hungerford Bridge undercroft.
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Figure 26
SOUTH BANK ARTS COMPLEX
© Crown copyright LB Lambeth 100019338 2004
Waterloo Area SPD 81 Page 82
7.5 ELIZABETH HOUSE
Site History
7.5.1 Elizabeth House is a large, 1960’s office block adjacent to Waterloo Station, currently let on a short-term basis. Planning permission was granted in 1996 for the redevelopment of Elizabeth House into three buildings of 13 storeys.
7.5.2 The redevelopment of Elizabeth House could accommodate between 7,000 and 8,000 office workers representing a significant increase over the current estimated 2,500 jobs.
Current Status 7.5.3 The Council was minded to approve a redevelopment scheme for the site in July 2008 to replace Elizabeth House with two office buildings at 28 and 22 storeys and one 33-storey residential tower with new pedestrian links and spaces between York Road and Waterloo Station. The scheme was called in by the Secretary of State and refused on the grounds of the adverse impact of heritage assets. The Council’s Planning Applications Committee, however, resolved on 7 th November 2012 to make a resolution to grant planning permission and conservation area consent for the comprehensive redevelopment of the site.
Development principles
Urban Layout Development should avoid creating a wall-like form.
Primary active frontages along main routes.
Secondary live frontages facing Waterloo Station and secondary routes between towers.
Redevelopment should create ground level pedestrian routes from the station to the river.
New public space at ground level should be provided.
Development should ensure an attractive space and setting for the western side of the station.
Redevelopment should safeguard access to the disused vent tunnels to secure future step-free access/ emergency escape route.
Higher density development is supported but any proposals will need to have regard to views from Parliament Square (World Heritage Site), St. James’ Park Grain and (LVMF view) and Somerset House (Grade I listed). Height Development should create a varied footprint and skyline.
Active frontages (A and D uses) at ground floor on primary routes and new city Land Use square i.e. fronting York Road.
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Office (B1) and residential.
Transport Enhanced east-west pedestrian links into station forecourt.
New entrances into Waterloo station on façade facing development.
New pedestrian links to better connect the station with the riverside walk.
Enhance Leake Street.
Secondary/ residential streets created adjacent to Waterloo Station and between tower blocks.
Public Realm Improvement/ treatment of exposed flank wall of Victory Arch.
Streetscape improvements to primary and secondary routes in accordance with public realm guidance.
New street level pedestrian route to replace the upper level walkway from the station to Hungerford Bridge. The relevant landowners (SBC, Shell, Elizabeth House and Network Rail/BRBR) to continue to coordinate improvements to achieve this new route and to produce a whole route masterplan. Proposals for any section of the route must demonstrate that they contribute to achieving a coherent design for the whole bridge to station route.
Improved pedestrian links to Lower Marsh.
S.106 Streetscape and public realm improvements.
Public lighting.
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Figure 27
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7.6 UNION JACK CLUB/MERCURY HOUSE, WATERLOO ROAD
Site History 7.6.1 The Union Jack Club building was built in 1976 and consists of three towers built atop a low-rise base. The building has since been split in two, with the Club’s 300 rooms and dining facilities occupying the two eastern towers. The Union Jack Club is for the welfare of serving and former members with over 100,000 guests a year and contributes to the local economy.
7.6.2 The Union Jack Club and podium piece relate poorly with the surrounding context and presents a large blank wall to Waterloo Road, an important pedestrian route. The office tower fronts Waterloo Road at the corner with Sandell Street and relates well with the street.
7.6.3 To the south of the Union Jack Club stand a small number of low-rise buildings from the 19th and 20th Centuries that house offices, restaurants and shops. These buildings are in generally good shape but because of their small size do not capitalise on the high level of accessibility provided by Waterloo Station. The public realm here is poor.
Current status 7.6.4 There are presently no major planning applications outstanding for this site.
Development principles
Urban Layout Perimeter block layout adhering to established building line.
Selective redevelopment retaining best buildings on site.
Grain and Height Opportunity for a landmark building fronting Waterloo station, forming a gateway to the station.
Building heights should step down towards the Old Vic - contextual height facing Cornwall Road and Emma Cons Gardens.
Development should respect and enhance the setting of adjacent listed buildings – Grade II* Old Vic Theatre and the Grade II former Fire Station.
Land Use Redevelopment of this site should take advantage of this location and maximise new floor space.
Primary active frontage along Waterloo Road, secondary ‘live’ frontage along Cornwall Road and new east-west pedestrian connection.
Office (B1) above.
Residential fronting Cornwall Road.
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Transport New east-west pedestrian route linking into existing network reinforcing existing hierarchy of routes.
Retain and enhance existing traffic network around site.
Improve approach to Waterloo East.
Public Realm Improvements along Waterloo Road and Cornwall Road to include decluttering of street furniture, selective replacement, tree planting, pavement resurfacing.
Retain and upgrade Emma Cons Gardens.
Comprehensive design of public realm of new east-west link.
S.106 Public realm improvements - IMAX roundabout, Waterloo Road, Emma Cons Gardens, and Cornwall Road.
Figure 28
© Crown copyright LB Lambeth 100019338 2004
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7.7 LOWER MARSH
History
7.7.1 Lower Marsh follows one of the earliest routes through the Waterloo area, originally connecting the Westminster and Blackfriars Bridges across the Lambeth Marsh. The area was characterised by leisure activities like pleasure gardens and theatres, such as the Old Vic, which was established in 1816.
7.7.2 The opening of Waterloo Bridge in 1817 sparked rapid development as the marsh was drained and covered with rows of small houses, wharves and workshops.
7.7.3 The construction of Waterloo Station changed the character and role of the Lower Marsh as the area was cut off from the riverside by the station and railway viaducts. In the 20th century, war damage was followed by housing redevelopment that changed the street pattern and urban scale south of the River Thames. The construction of Baylis Road isolated Lower Marsh from the surrounding community.
Current status 7.7.4 Lower Marsh is designated in the Core Strategy as CAZ Frontage, serving the northern part of Lambeth but the quality of the streetscape and links to the station and wider area need to be improved if more customers are to be attracted to the centre. Whilst Lower Marsh continues to contribute to local economic activity, the area suffers from a high-level of retail vacancies. Lambeth will promote its role as a centre for independent and specialist shops and local needs.
7.7.5 The Council is working with local stakeholders to implement the Lower Marsh Regeneration Project. This project will include streetscape improvements and improved links to the station, hospital and the rest of the area. It also aims to regenerate the street market through improved, more active market management and appropriate facilities for effective trading. The package of improvements will improve the attractiveness of the area to shoppers, bring greater activity to the area and help support local businesses there.
Development Principles
Urban Layout Development should be of contextual height and retain or reinstate the historic urban grain.
Active frontage at street level.
Retention of existing historic fabric and townscape in line with Conservation Area Appraisal.
Selective redevelopment of gap sites, notably 137-139 Lower Marsh, 79-87 Westminster Bridge Road, 2-8 Baylis Road.
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Selective redevelopment and infill in line with the Appraisal.
Land Use Encourage use of upper floors for office and residential.
Potential redevelopment of the Waterloo Job shop and library building, subject to the re-provision of the uses within these buildings to the Council’s satisfaction at a location to be agreed.
Transport Improved at grade pedestrian links between Lower Marsh and Waterloo Station.
The Waterloo Job shop and library site is to be safe guarded as a potential route from the Station directly on to Lower Marsh.
Rerouting of taxi access (from Lower Marsh to Waterloo station).
Improved access to Millennium Green and South Bank.
Public realm Public realm improvements at gateways and connections to Millennium Green and Waterloo Station.
Streetscape improvements to include resurfacing and street furniture
Improved pedestrian links to the wider Waterloo area. Especially links to the station and north/ west of the railway.
Shop front, signage and advertisement improvement in line with good conservation practice and Conservation Area Appraisal.
Remodeling of cluttered taxi-dominated junction where Spur Road meets Baylis Road/ Lower Marsh.
Reinstatement around Network Rail owned land at 137-139 Lower Marsh
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Figure 29
© Crown copyright LB Lambeth 100019338 2004
Waterloo Area SPD 89 Page 90
7.8 CORNWALL ROAD BUS GARAGE
Site History 7.8.1 Cornwall Road bus garage provides facilities that meet bus operational requirements and enable the smooth running of central London bus services. It is difficult to find sites for such facilities and so existing sites are given protection in the London Plan under policy 6.2 and in sections 2.5 and 2.6 of the Land for Transport Functions SPG.
7.8.2 However, the garage is surrounded on three sides by flats and houses, and its location severely impacts on the amenity of residents there. The Council believes that the garage would be better located elsewhere.
Current status 7.8.3 There are presently no planning applications for this site.
Development principles
Urban Layout Establish frontage onto Emma Cons Gardens.
Grain and Height Contextual height similar to surrounding residential development.
Land Use Active frontage (retail or community) uses on Cornwall Road overlooking Emma Cons Gardens.
Residential uses to rear and on upper floors.
Creation of a proper edge to Emma Cons Gardens.
Transport Improvements to Cornwall Road.
Potential for new east-west pedestrian route linking into existing network.
Public Realm Improve Cornwall Road for pedestrians and cyclists.
Integrate with Emma Cons Gardens and The Cut.
S.106 Redevelopment of this site must include or be linked to provision of a new bus garage or other appropriate facilities. Lambeth will expect any uplift in the value of the site from development to cross subsidise provision of a replacement bus garage.
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CHAPTER 8
APPROACH TO IMPLEMENTATION
8.1 This section outlines Lambeth’s approach to ensuring that adequate and appropriate levels of infrastructure are provided and maintained. This will support the development of Waterloo as a successful growing and functioning locality. Adequate provision and sustainable arrangements for the management and maintenance of a range of infrastructure types are key requirements. This approach will improve the current environment and enable additional growth and development to support the creation of a successful place. Infrastructure planning and delivery needs to be linked to the likely phasing and delivery of major developments. Developments need to be fully compliant with the relevant planning policies and support the needs of business and the community in balanced place making, now and in the future. Landowners and developers are unlikely to realise the full value of their assets unless adequate infrastructure is provided on a timely basis.
Partnership working with business and community
8.2 According to forecasts, up to 30,000 additional jobs could be created in the borough over the next 20 years with the main areas of growth expected to be around Waterloo, Vauxhall and Brixton. With this unprecedented potential for higher levels of investment and economic activity, the Council and its partners will seek to maximise employment opportunities, to deliver affordable housing and work to make Lambeth an area of growth. The Council will work with stakeholders to facilitate and effectively manage opportunities for growth and ensure that all local people can realise the benefits. This future potential provides a timely opportunity to put a co-operative approach at the heart of the process. Co-operative commissioning will result from collaborative dialogue with the local community, citizens, experts, the business community, schools and young people.
8.3 The Waterloo area has a long and valued tradition of partnership working and funds from the Council’s s.106 agreements have supported devolved or shared delivery through local partnership bodies such as the Waterloo Business Improvement District (BID) and the South Bank Employers Group (SBEG) whose memberships includes many of the largest landowners and occupiers in the area. By working closely with all local partners the Council is able to take forward its agenda of co-production and co-operative working.
8.4 With a statutory duty to consult on planning applications, the Council will involve the local community in discussions and keep everyone informed about the progress of any development proposals.
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8.5 Consultation on this SPD has helped to set the context and priorities for developer contributions in and around Waterloo. Building on the project bank approach, used in the past, but moving to a more integrated and spatial approach as part of the local plan review, the Council will work with partners to co-produce delivery plans for key areas within the Waterloo Area to give a clear basis for localised spend of the Community Infrastructure Levy (CIL). To ensure that the viability of projects within these areas can be assessed, the Council will seek comprehensive information on strategic alignment, costs and benefits of projects. Independent advice will be sought as necessary to support this evidence base and allow effective prioritisation and decision making. Subject to commercial confidentiality and other constraints, the Council will engage fully with partners on the prioritisation of s.106 and CIL contibutions arising from developments.
8.6 When planning applications are submitted, they need to include outline heads of terms for any s.106 agreement so that representations may be made during the consultation on the planning application. The Council will expect all developers to consult local groups before major development proposals are submitted for planning permission. The Council propose to use the Waterloo Steering Group as one forum where developers can present their proposals to key stakeholders at an early stage.
8.7 The Council has been active in supporting development of the Waterloo area through its planning functions and using funds agreed in s.106 agreements to improve and manage the area for the benefit of local business, visitors and residents.
Funding Challenge
8.8 With the reductions in public funding and in contributions from developer agreements as well as new delivery models in the public sector (such as the reforms to the Housing Revenue Account), the funding gap between the costs of desired infrastructure around Waterloo and the finance available is only likely to grow.
8.9 The Council will therefore have an increased focus on detailed project appraisal based on costs and benefits, a clear consideration of the standards that are possible and appropriate for the area in any new infrastructure and on identifying and using a greater range of funding sources than in the past. The Council’s renewed focus on these issues will ensure that the Waterloo Area has a fundable infrastructure plan developed with local partners such as Transport for London, Network Rail, BRBR, Waterloo BID and SBEG. It will require agreement amongst partners about competing priorities, developing new and innovative funding approaches and ensuring that funding is leveraged
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from all available sources to maximise its impact. Projects will be categorised by size 1 with appropriate due diligence reflecting their scale. Projects will be worked up in advance to support meaningful dialogue with planning applicants about the costs of mitigation (including for impacts outside the immediate curtilage), the necessary enabling works and appropriate area improvements linked to the proposed developments and their local effects such as increases in already high levels of footfall.
Principles of Infrastructure Delivery
8.10 In considering the development of the Waterloo Area over a 20 year time period the Council has adopted a number of key principles to the planning and funding of an integrated infrastructure plan:
• With a long tradition of partnership working in the area and as the Local Planning Authority, the Council will work collaboratively with a range of key partners including Network Rail, Transport for London, BRBR/LCR, SBEG, Waterloo BID, the GLA, community groups such as Waterloo Community Development Group and others to proactively bring forward the development potential of the Waterloo Opportunity Area over the next 20 years for the benefit of London and Lambeth’s residents and businesses.
• The Council believe it is fair that those benefitting financially from any development, and the resulting increased activity levels, make an appropriate financial contribution to support the additional infrastructure required including its maintenance. Additional infrastructure investment is required to both support the expected level of activity and the creation of a high quality urban environment that itself helps to ensure the commercial success of new developments. This may, for example, involve developing tariff based models reflecting the investment and maintenance costs of a safe, well functioning public realm for the expanding number of users.
• It is essential that all stakeholders acknowledge that governance and delivery structures covering political, technical/officer and landowner/developer levels for partnership working are fit for this purpose, adequately resourced and operate effectively. The Council will seek to build a joint and shared position on the development of the area to give investors, developers and other operators certainty. Specifically, to bring forward a fundable infrastructure plan the stakeholders will:
1 Indicative categories: £0-200,000, £200,000 to £1 million and £1 million+.
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o Identify and monitor all potential funding sources from within their own capital and discretionary programmes. Partners will be expected to contribute fully to all funding bids that support works outlined in the SPD.
o Assess long term development capacity and the likely total infrastructure requirements.
o Agree to provide accurate cost and benefit evidence for all projects submitted for inclusion in the area based delivery strategy and jointly contribute to and conduct periodic progress reviews.
o Develop and resource a project management approach and share a forward agenda of activity to allow co-ordination and avoid duplication (e.g. strategy development, master planning and planning activities, consideration of planning applications).
o Review trend forecasts and complete post-implementation and benefit realisation studies to assess outturn impacts, costs and benefits.
o Produce and maintain a live Projects Plan for Waterloo and its constituent areas.
8.11 The Council and partners will seek to support the continued operation of mechanisms that support sharing the benefits of development across the local community. This, for example, would include employment brokerage and supply chain development functions based on best practice. Developers and operators will be required to sign up to best practice local labour and supply chain programmes for both construction and operational phases.
8.12 The Council, partners and the GLA will work with developers to ensure that applications are fully policy compliant (London Plan, OAPF and Core Strategy) and meet the relevant s.106 schedule including the provision of affordable housing.
Developer Contributions and Pooling
8.13 While Waterloo has excellent communications and facilities, there are key improvements that are needed to its current infrastructure and environment as well as significant new investments required to successfully accommodate increased levels of usage and activity in the future. The Council will ensure that contributions are made by developers and other parties to.
Waterloo Area SPD 94 Page 95
• Ensure the highest quality of development and environment (including its maintenance).
• Co-ordinate development activity.
• Mitigate the impacts of development on the existing community.
• Ensure infrastructure is brought forward in a timely way and that best value is achieved by working together.
8.14 Planning obligations will therefore be sought in accordance with.
• Policy S10 of the Lambeth Core Strategy 2011 and the Lambeth SPD on s.106 Planning Obligations and CIL.
8.15 There may be site specific issues that generate abnormal development costs, such as complex foundations due to the dense network of Underground lines in the area. This may have an impact on the profitability of private schemes and therefore potential developer contributions. The Council will use independent viability testing as part of their assessment process.
8.16 Developers will be expected directly to fund on a contractual basis investments required for the successful functioning of their developments. This should include accommodating the very high volumes of pedestrian movement in the area (including potential impacts outside the immediate curtilage of development sites). Furthermore, any s.106 contributions will be used to meet the Council’s aspirations for the integrated development of the area, including the development over time of “balanced communities” and the provision of social infrastructure available to both new existing and new communities.
8.17 Developments in the Waterloo Area must pay the Mayor’s Community Infrastructure Levy (CIL), which is being used to fund Crossrail, as well as the Borough’s own s.106 schedule requirements. Lambeth Council and TfL will expect developers to make proportionate contributions to fund local infrastructure provision. In the future, Lambeth Council intends to adopt its own CIL before April 2014 and this will replace certain s.106 obligations.
8.18 This SPD sets out the area’s need for improvements and infrastructure. In appropriate cases, developer contributions will be pooled in order to bring these projects forward working with local partners and through proven delivery mechanisms 2.
2 S.106 pooling will accord with CIL regulations and this delivery chapter of the SPD will be used to inform the allocation of CIL spend locally.
Waterloo Area SPD 95 Page 96
8.19 Where a development will have an impact, but this is not sufficient to justify a discrete piece of infrastructure, the Council will seek a contribution to future provision elsewhere in the Waterloo area.
8.20 To ensure leverage of funds, the Council reserves the right to seek an element of match funding from relevant local partners when s.106 or similar funds are used to support another organisation’s operations. While this will be reviewed on an annual basis, the Council through s.106 or CIL will, on a case by case basis, consider funding up to 33% of investments in infrastructure related to investments that align with the agreed place making vision, priorities and objectives for the Waterloo Area. This will obviously depend upon the scale of investment required and its relationship to other outcomes that the Council, and other stakeholders might wish to secure.
Programming
8.21 In support of this SPD, the Council acting as ‘ringmaster’ will maintain a live development and infrastructure phasing plan for the Waterloo Area, drawing from detailed partner contributions. The plan will set project priorities and targets and will help partners to co-ordinate their activities by:
• Estimating the scale and delivery timing of new jobs and homes in the Waterloo Area and the relationship to and impact upon current activity levels (e.g. footfall, passenger numbers) and the overall development capacity.
• Programming the timing and phasing of all major developments including key milestones and their potential dependencies for other developments including their design, planning and implementation stages (covering both commercial developments for profit, transport and public utility developments for social and community benefit).
• Assessing the potential sources of funding arising from each phase of development in terms of, for example, s.160 or CIL receipts, the value and quantity of affordable housing and potential additional business rates receipts.
8.22 Detailed programming gives the opportunity for partners to enter into more strategic infrastructure discussions and to consider mutually beneficial agreements with developers and landowners to ensure critical infrastructure is funded and ‘frontloaded’ to an agreed timetable.
Specific Infrastructure Issues
8.23 The Council has identified a range of specific infrastructure issues that require special consideration in the context of planning the future for
Waterloo Area SPD 96 Page 97
the Waterloo Area and in developing a balanced and successful locality. All of the following issues are important elements that need to be addressed jointly to integrate and co-ordinate place making activities for the whole of the Waterloo Area:
• Transport • Public realm • Affordable housing • Open space • Social and community facilities • Employment and training • Community safety and visitor management • Code of Construction Practice
Transport
8.24 The SPD sets out the transport issues facing Waterloo and the main projects required to address the current needs and to meet the increasing demands which will result from additional future development. It is expected that all proposed developments will take account of and, to an appropriate degree, address the transport requirements of the Waterloo Area, both current and future, including cumulative and offsite impacts.
8.25 Lambeth Council and TfL will assess how developments can take account of and address the current and future transport requirements. In appropriate cases, the Council will consult the Waterloo Steering Group (WSG) which acts as a forum for discussion for representatives from TfL, Lambeth, Network Rail, BRBR, the GLA, Waterloo BID and SBEG.
8.26 The Council will seek developer contributions to a pooled fund to finance the identified transport requirements at Waterloo or secure the provision of appropriate in-kind contributions or works. Furthermore, cumulative and offsite impacts on public transport, cycling and walking demand, will be assessed and will be considered in securing pooled contributions to support agreed and appropriate capacity improvements across the wider area.
8.27 Lambeth and TFL, in consultation with the WSG, will:
• Work with the Waterloo Steering Group to establish and maintain a list of required transport improvements and projects over the short, medium and long term by regeneration area for consideration for pooled and individual contributions based on assessments of likely demand in the future.
Waterloo Area SPD 97 Page 98
• Consider the scale of financial contribution or type of in-kind benefit appropriate from each development proposal taking into account the extent to which individual proposals directly address the identified transport requirements at Waterloo and wider impacts (e.g. Waterloo Interchange).
• Consider which transport improvements should be funded by financial contributions from each development and the extent of pooling of s.106 funds to cover individual regeneration areas and support small scale interventions.
• Consider how and when contributions should be spent.
Public Realm
8.28 Much of the public realm used by visitors, residents and workers in and around the South Bank and other areas of Waterloo is under the management of private or other organisations who are responsible for its maintenance and any necessary improvements.
8.29 Development proposals in the Waterloo Area will be expected to improve the public realm and townscape around proposed development sites, address the problems with severance and permeability (especially connected to Waterloo Station) and to fund any associated ongoing maintenance costs. Where there is an increase in the density of development and/or usage, contributions will also be sought to fund public realm projects in the Waterloo area (including management and maintenance) in order to mitigate the impact of additional people using the streets and pavements, and to fund projects in the Local Implementation Plan.
8.30 With a focus on regeneration areas, potential investment in public realm will be considered by working with local stakeholders and agreed by the Waterloo Steering Group to support the aims of.
• Establishing a high quality of environment for Waterloo.
• Giving a greater priority to pedestrians and cyclists and make the area attractive to walk in.
8.31 Where appropriate, the Council, with developers and partners, will investigate and consider options to secure sufficient resources to manage and maintain the existing and new public realm to a standard appropriate for a Central London location including its interface with the private realm.
Waterloo Area SPD 98 Page 99
Affordable Housing
8.32 The Council is committed to maintaining a vibrant, mixed community in Waterloo, and the Core Strategy sets out Lambeth’s approach to affordable housing.
8.33 The Council, where appropriate, will build into S106 agreements an appraisal review mechanism which will capture any uplift in values during the lifetime of the development to maximise the delivery of affordable units on or off site and/or to enhance investment in infrastructure. This will especially be the case for multiple phase schemes.
Open Space
8.34 The Council will seek to enhance open space provision in Waterloo through direct and s.106 funding and consult on potential schemes in consultation with local stakeholders.
8.35 Hungerford Car Park is the key opportunity to create new open space in the area and open space at Hatfields has the potential to be improved for greater leisure use.
8.36 The Council will assess and, where appropriate, support proposals for the local management of parks and open spaces in line with its Co- operative Council ethos and will seek to secure resource to support effective management as well as capital improvements where possible.
Social and Community Facilities
8.37 Developer contributions will be sought for social and community facilities in order to facilitate the integration of developments with the local community. Lambeth Council aims to ensure that such contributions minimise the impact and enhance the benefits of new developments for the existing local community, and ensures “places of exchange” where existing and new communities can interact. Pooling contributions, rather than undertaking piecemeal improvements, is seen as a way of maximising the achievement of community priorities.
8.38 The Council will consult with the Waterloo Community Development Group, Coin Street Community Builders, WQBID and the SBEG on priorities for improving to community facilities.
8.39 Other local priorities for community facilities were highlighted during the consultation on this SPD and Lambeth will seek developer contributions towards these, in accordance with the SPD on s.106. These include: a new library for the Waterloo Area; additional youth facilities; a community hub; sports facilities; a health centre and, where
Waterloo Area SPD 99 Page 100
appropriate, access for local community groups, residents and businesses to the facilities of the arts and cultural institutions and large employers in the Waterloo area.
8.40 In line with the SPD on s.106, the Council will also seek developer contributions towards the following:
• School places. • Outdoor sport facilities. • Primary health care.3 • Policing resources and other emergency services.
8.41 The potentially significant increases in living and working populations in the Waterloo Area means that new facilities and services need to be increased in a timely manner to meet the those increased needs as they arise. And because the SPD boundary has been tightly drawn around the main development area, provision of these services may fall outside the SPD area but serve the expanding local population.
Employment and Training
8.42 While this SPD aims to support the growth of Waterloo as a central London employment location, the outcomes must benefit the local community in Waterloo which still suffers from above average unemployment. The Council considers that new development should create new employment and training opportunities for local residents. A particular challenge is ensuring that large central London offices and hotels create jobs and opportunities that are accessible for local unemployed people.
8.43 Lambeth’s SPD on s.106 Planning Obligations sets out the following types of provision that will be sought from new development:
• Local Training in Construction - financial contributions to the recruitment, initial training and ongoing skills development for local trainees and those seeking employment, either related directly to the development or more widely across the local labour market. The number of construction trainees will be related to the scale of construction spend. A Training and Employment Skills plan will be required to set out the implementation plan, timings and monitoring approach amongst other matters.
• Employment and Training Contributions – financial contributions to enable local people to access employment in new schemes and compensation for the loss of any employment floorspace.
3 There is a general PCT requirement for a new health facility of 2,000 to 3,000 sqm.
Waterloo Area SPD 100 Page 101
Vacancies are to be disseminated widely (e.g. through Job Centre Plus and other local providers).
• Securing employment space to support small and medium enterprises (SMEs) and business start ups.
8.44 In addition, Lambeth Council runs a local procurement initiative and actively encourages developers and major contractors to participate in it. Accordingly, the Council would encourage local firms to tender for the provision of goods and services to contractors, developers and occupiers during both construction and end use phases. The developer, in conjunction with the Council, will be expected, in advance of the start of work, to run supply chain seminars for local firms on appropriate matters (e.g. procurement procedures, tender opportunities and phasing of work).
Community Safety and Visitor Management
8.45 Development proposals will be required to contribute to improving safety, security and litter management in existing spaces and routes, particularly where the development is likely increase the number of visitors to the area.
8.46 Proposals for public spaces should set out management arrangements in a management plan and this should also provide details of the management funding. In some circumstances, the requirement to manage large crowds or queues of visitors at tourist facilities or community facilities at peak times will require additional security or management services.
8.47 The environment within the station and on routes to the station should feel safe. Opportunities should be taken to reduce and design out crime, particularly to improve the pedestrian routes through the IMAX roundabout system, and routes underneath the station and viaducts.
8.48 The use of CCTV will be encouraged and the Council will expect new developments to participate fully in the already well established joint working between land owners in addressing security issues within the Waterloo Area.
8.49 Historically, there has been inadequate provision of public toilets in the area despite the high number of visitors. Toilet facilities need to be provided for the convenience of everyone, but also to address street urination which is a nuisance in the area. Temporary public toilets have now opened on the Riverside Walk. Public toilets also will be sought in appropriate cases to provide for the high and increasing numbers of visitors passing through the area.
Waterloo Area SPD 101 Page 102
Code of Construction Practice
8.50 The Council is concerned to minimise the impact of construction on residents and other existing users of Waterloo. Lambeth Council will therefore require developers to comply with a code of construction practice. The Council will normally specify the “Considerate Construction” scheme. The code should cover environmental, public health and safety aspects of construction works. It should include site set-up and servicing arrangements, management of construction traffic and highway works, site management, public safety, noise and vibration, hours of working, dust and air pollution, land contamination, waste disposal and protection of water quality and urban ecology.
8.51 The Code should set out clearly developers' and their contractors' responsibilities and requirements, as well as providing assurances to residents and others about the standards that they can expect during construction. Developers will be required to provide funding for the actual cost of enforcing the code and monitoring the impact on residential amenity.
Waterloo Area SPD 102 Page 103
Risk Assessment
8.52 The Council will maintain a register to identify the risks to the implementation of the Infrastructure Delivery Plan and propose steps to actively mitigate any impacts.
Level of Risk (Low, Steps taken to mitigate Risk Risk Owner Medium, probability and impact High) Proactive scanning of funding sources by all partners. Inadequate funds for Identification of funds in Lambeth Council / infrastructure High partner capital programmes. WSG / GLA delivery plan Match funding approach. Potential for innovative models. Lobbying. Programme management of area’s projects. Detailed Incorrect phasing of project definition and appraisal Indentified Project infrastructure / Medium of costs and benefits. Close Sponsor (Partner) abortive investment partner working to share information, milestones and dependencies. Pro-growth Council position. Clear tariff and terms for developers. Marketing of Development not Medium development opportunities. Lambeth Council coming forward Effective pre-application discussions with clear infrastructure needs. More detailed project information to allow cost Inability to prioritise benefit appraisal. Link to Lambeth Council / Medium investments applications. Use of appraisal WSG framework. Independent advice. Minimum information and evidence Lack of detail on Lambeth Council / Medium requirements for appraisal. Use of infrastructure projects WSG project template for appraisal. Clear terms of reference and three levels of governance. Appropriate Poor partner working / resourcing of meetings and Lambeth Council / impasse in decision Medium programme management resource. WSG / TFL making Focus on short term wins and longer terms objectives.
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This page is intentionally left blank Waterloo SPD Equality Impact Assessment Full Equality Impact Assessment Report
Date to DLT or DMT Click here to enter a date. Title Waterloo Supplementary Planning Document
Author – Iago Griffith
Neighbourhood Regeneration, PRE
[email protected] 020 7926 2656 Page 105 SLB Sponsor - Sue Foster
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London Borough of Lambeth
Full Equality Impact Assessment Report 1.0 Introduction 1.1 Business activity aims and intentions In brief explain the aims of your proposal/project/service, why is it needed? Who is it aimed at? What is the intended outcome? What are the links to the cooperative council vision, corporate outcomes and priorities?
The Supplementary Planning Document (SPD) aims to complement existing national planning policy and current planning related policies of Lambeth Council by outlining the particular regeneration aims of Lambeth Council in the Waterloo Area, and the process by which these will be achieved. The Waterloo area contains many key development sites of strategic importance such as Elizabeth House, the Station and Lower Marsh . It is needed to guide growth and development in Waterloo, setting out guidance for Page 106 developers and landowners, and also to clarify to local residents how development proposals will be managed.
Lambeth Council has a clear commitment and ambition for ‘growth’, creating positive conditions to enable economic growth for the benefit of our residents. This has particular importance for Waterloo as the area has the highest proportion of private and public sector jobs in the borough and the SPD aims to deliver a further 15,000. The aim is to use development pressure in the area to create employment opportunities, and to deliver improved transport and public realm- attractive, well lit easily policed pathways and public spaces. This will ensure civic space is accessible to all residents particularly those with mobility and balance issues through the introduction of improved walkways and connections.
SPD 2.1 Evidence dashboard Any proposed business activity (new policy or strategy), service change, procurement) must be made by carrying out an assessment of the likely impact that it will have for our customers. In this section please include both data and analysis which shows that you understand how this decision is likely to affect residents that fall under the target groups below.
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Target groups Impact: Impact analysis External data sources Positive Please explain how you justify your claims around impacts. (please provide any Negative Please include any data and evidence that you have collected hyperlinks) Both including from surveys or complaints to support your proposed None changes to business activity. Unknown Race Positive The Lambeth Core Strategy 2011 362 incidents of religious and racially motivated hate crime State of the Borough occurred in Lambeth in 2012, and the SPD will seek to tackle this by creating a safer, easy to police public realm, with well lit access http://www.met.police.uk/crime routes through the town centre. figures/datatable.php?borough =lx&period=year The SPD promotes the provision of civic and community space to promote interaction between various groups, thus enabling
community cohesion. Page 107
The SPD emphasis the role of this area as one of culture, allowing for various ethnic groups to celebrate their culture through the visual and performance arts, such as street theatre.
The SPD promotes Lower Marsh as a retail centre, and a place where community interaction can take place.
Gender Positive Access to local employment and training is important to allow National Office of Statistics women and men with children in particular, opportunities to work Dept Work and Pensions and this will be delivered through the creation of an additional 15,000 new jobs in the Waterloo Area.
Also, the SPD aims to create a safe and accessible public realm, with well lit access routes which will increase women’s feeling of personal safety in the area. Crime is a major concern among residents of Bishops ward, with 49% identifying this as the top concern.
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Gender Unknown The SPD aims to improve public realm in general and create a re-assignment safe public environment for everyone and which will also help give people who have gender re-assignment greater security in this area.
Disability Positive The SPD promotes improvements to public realm throughout the area with greater emphasis on pedestrian priority through better pathways and connection through the area, which will be easier to navigate. All such projects will be compliant with that prescribed by the Equaliti es Act of 2010, ensuring that disabled residents and visitors can use and pass through this part of central London and the station. The SPD furthermore aims to reduce street clutter which impedes clear a safe passage. Page 108 The new housing delivered will be built to standards and specifications compliant with the 2012 Equalities Act and so fully accessible for residents with disabilities and will be created under the homes for life initiative, able to be easily adapted where necessary to facilitate disabled access and use.
The SPD will allow for an increased range of services, such as banking, post office etc to be accessed within the immediate Waterloo area, facilitating life for disabled residents.
Disabled residents will be able to access the employment and training opportunities. Age Positive . The SPD seeks to improve provision of health and community Office of National Statistics facilities which can improve the quality of life of local people living State of the Borough in the Waterloo Area. Improved housing, and a greater range of available social housing, may allow older council tenants to move into homes more suited to their needs, homes which meet blue badge standard.
Bishops ward has the highest proportion of 15-19 year olds and the SPD promotes educational, leisure and cultural opportunities
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for this group, as well as improvements to open spaces. Sexual orientation Positive As a borough Lambeth has a high LGBT population, with State of the Borough particular high numbers of MSM (Men who have sex with men), Report 2011 who will benefit from the benefits- economic, cultural and physical brought about by the development of Waterloo.
Homophobic crime occurs on average in Lambeth at 27 incidents a month and the SPD, buy providing a safer public realm through well lit pathways and easily policed areas may serve to combat this. Many MSM will be passing through Waterloo, on their way to nearby Vauxhall and Soho where a high concentration of LGBT venues exist. Religion and belief Unknown Within the SPD area a range of places of worship catering to most State of the Borough of the faith groups can be found. Bishop’s ward residents are more Report 2011 likely to follow a non-Christian religion (17% v 11%), which
includes the borough’s largest population of Buddhists (4% Page 109 compared to 1% overall).
Lambeth officers leading on the revision of the SPD have met with leaders of the Faith groups to better understand their needs.
Numerous Pentecostal congregations practise in the area, and not having church buildings of their own utilise space such as the WAC and the Union Jack Club. The SPD promotes good social community facilities and acknowledges that the excellent arts institutions tend to obscure attention for the poor provision of local community facilities.
Socio-economic Positive . According to the 2007 index of multiple deprivation Lambeth is the State of the Borough th factors 5 most deprived in London. Nearby areas reveal particularly high Report 2011 levels of economic inactivity. The SPD aims to support and facilitate economic growth here, for the benefit of Lambeth as a whole. 15,000 jobs are intended to be created in the area, and the additional residential increase will be harnessed to bring further
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economic prosperity.
Redevelopment of key employment sites for new employment uses and to ensure that north Lambeth plays a full part in the central London economy. Also, further support for arts, cultural and entertainment uses will help to create more employment opportunities for local people.
The high number of 15-19 year olds in Bishops wards will benefit from the emphasis the SPD places on apprenticeships for young people. Marriage and civil Unknown Not known – the SPD is unlikely to have a direct impact on partnership marriage and civil partnerships, but premises exist in Waterloo where marriages and the blessings of civil partnership can take
place. Page 110 Pregnancy and Positive The SPD makes clear the expectation for developments to maternity contribute to health facilities in the area, which will be of practical support to expectant and new mothers, and improved open space to aid their well being.
Health needs of pregnant and nursing women will be met in through improved healthcare facilities, and public space will seating will allow for a greater enjoyment of public space. Improved connection routes through the area will improve mobility for pregnant and nursing women. Language Unknown Despite the higher level of ethnic minority residents in the area, State of the Borough use of English as a first language is in line with the borough http://intranet.lambeth.go average. v.uk/StaffServices/Comm unications/Communicatio nsToolkit/TranslationServ ices/ Health Positive North Lambeth ranks among country’s top ten most deprived in 2009 JSNA Health and terms of health. In particular it registers extremely high levels of Well-Being report child obesity, teenage pregnancies, air pollution and a high incidence of traffic accidents. http://www.lambethfirst.or
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g.uk/JSNA
The SPD aims to deliver improved health facilities, leisure and open space, and public realm to provide safer, more attractive routes for walking. The facilities and provisions at St Thomas’s will be built upon.
2.2 Gaps in evidence base Have you checked the council's equality and monitoring policy? What gaps in information have you identified from your research and evidence analysis? In your response please identify areas where more information is required and how you intend to fill in the gaps. If you are unable to fill in the gaps please state this clearly with justification.
The main gap in information is on impacts on access for disabled people – either existing problems or impacts from projects coming forward. These impacts can be very specific and technical and are being checked by project managers for compliance with the DDA Page 111 and indeed to ensure that the sum of the whole is to create an environment in Waterloo is much more accessible, where key barriers to movement for disabled people are removed.
3.0 Consultation , Engagement and Co -production 3.1 Engagement and consultation with stakeholders Who are your key stakeholders and how have you consulted, co-produced or engaged with them? What impact has this had on the project/proposal/service?
The Council has sought to produce the SPD with the assistance of key stakeholders, working with the main umbrella groups in the area to engage a range of local groups and people. These umbrella groups are: • South Bank Employers Group – larger landowners and employers • Waterloo Quarter Business Improvement District – businesses in The Cut/Lower Marsh area, mainly small independent businesses. • Waterloo Community Development Group (WCDG) – local residents, community groups and amenity societies. • Coin Street Community Builders • Waterloo Community Coalition (WaCoCo)
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In particular, the Council worked with WCDG and WaCoCo to run events on issues relevant to the SPD and the two organisations worked to include hard to reach groups in these sessions, such as the elderly and young people.
There was a formal six week consultation period on the original draft SPD in 2008 and a further six week consultation period on the update in 2011. The Council also commissioned a structured street survey in 2008.
Full details of the consultation are set out in the Waterloo SPD Consultation Report.
Officers met with clergy of Waterloo in February 2013 to better discern the impact on religion and belief.
3.2 Gaps in consultation and engagement What gaps in consultation and engagement have you identified? Please identify where more consultation and engagement is required and set out how you intend to undertake it. If you do not intend to undertake it, please set out your justification. Page 112 Figures for crimes against transgendered persons are unavailable, as are homophobic crimes on a ward basis, and as a result suppositions have been made using figures for Lambeth as a whole.
4.0 Equalities Impact Assessment Plan
4.1 Recommendations and justification What are the main conclusions of this EIA? Are there any disproportionate negative or positive impacts, if so, are they justifiable and how will they be mitigated?
This EIA concludes that the Waterloo SPD will have generally positive impacts and improve the experience of living and working on Waterloo. The Improvements to the Public Realm, will create a better connected and lit district, where residents can move around in safety.
The SPD will manage growth to ensure it delivers benefits for the Waterloo area, in terms of providing real and lasting economic benefits. 4.2 Responding to equality considerations The plan should include a description of how you will monitor, evaluate and review the business activity.
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Issue Resulting actions Timeframe Lead officer
Health facilities Provision of new local health facilities ? Julian Alexander, Lambeth PCT Public Realm Improvement of public spaces to improve accessibility and Dec 2013 Steve Wong pedestrian priority. Various projects – next key project is the Lower Marsh Regeneration Project Open Space Improved open space provision and leisure opportunities. Dec 2014 Jeff Raggett Improvements at Archbishops Park completed 2012. Next round of improvements at Hatfields to be delivered 2013/14. EIA Review To review the EIA Feb 2013 Iago Griffith
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5.0 Publishing your results The results of your EIA must be published as per the council's EIA guidance. Once the business activity has been implemented it must be periodically reviewed to ensure it has the intended impact and is still appropriate.
EIA publishing date 01/10/12 Policy review date 01/10/13 Assessment sign off: Name Date
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Waterloo Area SPD Consultation Report
March 2013
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The Waterloo Area SPD was originally adopted in 2009 following extensive involvement of local stakeholder groups and consultation with the local community. Details of this stage of consultation is set out in Appendix A.
The Waterloo Area SPD was updated to bring policy references in line with the Lambeth Core Strategy in 2011. At the same time, in May 2011, the Waterloo Station Development Brief consultation draft was published. This was produced with the help of Network Rail, BRBR, TfL and the GLA and set out in more detail planning policy issues relating to the development of the station.
The Council consulted on both documents in June/June 2011 for six weeks and 37 responses were received. Details of the consultation are set out in Appendix B and the responses have been recorded in schedules in Appendices C and D.
Re-consultation on the 2012 version was carried out for six weeks during winter 2012. Thirty responses were received on this document. This 2013 version incorporates changes arising from the comments made which can be found at the end of this document.
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Contents Page
1. Summary 4
2. Background 5
3. Aims 5
4. Methodology 5
5. Findings from the WaCoCo consultation 7
6. Lambeth Council consultation responses – survey samples 10
7. Conclusions 29
8. SPD Consultation and Engagement (June / July 2011) 31
9. SPD Consultation and Engagement (Nov / Dec. 2012) 33
Appendices WaCoCo – summary of findings from April/May 2008 Statutory notice of consultation October 2008 Lambeth Council newsletter and questionnaire List of formal respondents Report of WaCoCo community conference October 2008 WaCoCo questionnaire – table of comments
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1. SUMMARY
A series of consultation exercises were carried out for the preparation of the Waterloo Supplementary Planning Document (SPD). The SPD sets out guidance and proposals for the area within the context of Lambeth’s Unitary Development Plan (2007), the London Plan (2008) and the Waterloo Opportunity Area Planning Framework (2007).
The consultation was carried out in 2 stages:
• Informal Consultation to obtain views on what should be included in the SPD prior to and during the preparation of the draft document. • Public consultation on the Draft Waterloo SPD approved for consultation by the Council in July 2008.
The 6 week formal consultation period was between 24 October 2008 and 5 December 2008. The aim of the consultation was to ensure that all those who live, work, have an interest in and visit the Waterloo area had an opportunity to make their views known on the Draft SPD. The consultation findings set out in this report will help finalise the SPD.
The public consultation included: distribution of over 10,000 leaflets with a questionnaire; stakeholder consultation; an exhibition at Waterloo library; online consultation; street surveys and in addition WaCoCo had a display in Emma Cons Gardens 26 – 27 September 2008; distributed their own questionnaires and held a conference on 4 October 2008.
In total 226 online/paper questionnaires and 392 on-street surveys were completed. As part of the stakeholder consultation 37 reponses were received. A full report prepared by WaCoCo of the consultation they carried out is available from the Planning Division.
Key findings from the consultation were:
• Retail – 25% questionnaire respondents and 27% from the on street survey wished to see more shops with 40% questionnaire (37% on street survey) wanting them to be located around existing shopping areas. • Facilities – Other than shops, 22% questionnaire responses (20% on street survey) wished to see more leisure facilities. • Tall buildings – in both the questionnaire and on street survey, the most popular choice for tall buildings was over the station. • Pedestrian facilities – there was general concern that the pedestrian environment needs to be improved. • Open/green spaces – local residents who responded were keen to see increased green and open spaces and some saw it important in attracting families into the area. • Transport – respondents generally wanted to see improvements to existing transport facilities rather than new ones and a large number of respondents wanted improved cycle parking facilities.
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2. BACKGROUND
This report is a summary of all consultation conducted to support the preparation of the Waterloo Supplementary Planning Document (SPD). The draft version of the Waterloo SPD was approved for public consultation by the Council in July 2008.
The SPD sets out guidance and proposals for the area, within the context of the London Plan (2008) at a regional level, as well as the Waterloo Opportunity Area Planning Framework (2007) and Lambeth’s Unitary Development Plan (2007).
The consultation carried out to support the development of the SPD was in two stages:
i) Informal Consultation: With Community groups, strategic partners/bodies and landowners was undertaken between January and May 2008 during the preparation of the draft SPD.
ii) Public Consultation: After the draft Waterloo SPD had been approved by cabinet in July 2008, a public consultation exercise was carried out including: distribution of leaflets with questionnaires, stakeholder consultation, an exhibition, and a series of consultation activities run by WaCoCo. The consultation period ran between 24 October 2008 to 5 December 2008.
This report sets out in detail how the consultation was carried out and a summary of the responses that were received and the issues raised.
3. Aims
The aims of the public consultation are outlined below:
(i) To consult the public on the guidance and proposals of the Draft Waterloo SPD. (ii) To ensure that all consultation is in accord with Lambeth’s Statement of Community Involvement
4. Methodology
Informal Consultation
During the drafting of the SPD, WaCoCo carried out a series of consultation activities involving hard-to-reach community groups, primarily with the aim of engaging with residents and community groups to gain opinions on the issues that the SPD should cover. The engagement/ consultation activity took the form of focus groups for the elderly, young people, tenants and other groups, and a conference with participants from hard to reach community groups, and community/ voluntary groups. Participants were recruited via Waterloo
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Community Development Group (WCDG) who had databases of residents and community groups with whom they had engaged or consulted with in the past. The findings of WaCoCo’s consultation are summarised in Appendix A.
Public Consultation
• A statutory notice was published in the South London Press (see Appendix B)
• A press release was issued and an article appeared in the Evening Standard.
• Newsletter distribution- All households in the Bishop’s Ward received hand distributed newsletters which included a questionnaire. Approximately 5,000 households were leafleted (there are 4,587 households in this ward according to the 2001 census). The newsletter is included in Appendix C.
• A further 800 of these newsletters were sent directly to businesses in the area, whilst a further 4,200 newsletters were distributed to shops and bars and community groups to hand out to their customers/clients.
• Stakeholder Consultation – Local stakeholders, statutory undertakers, and elected representatives were sent copies of the draft SPD and consultation literature. A total of 37 responses were received as part of the stakeholder consultation and a schedule of the comments is available on the Council’s website – www.lambeth.gov.uk/planning . The list of the respondents is set out in Appendix D.
• Exhibition- A summary of the Draft SPD was displayed at Waterloo library in Lower Marsh between 11 November to 18 November 2008. During this period, planning officers staffed the exhibition two afternoons between the hours of 16.00-18.00 and on a Saturday between the hours of 13.00-15.00.
• Online Consultation – The Draft SPD and related-documents were put on the Council’s website including the questionnaire, identical to the one included in the paper newsletter. The questionnaire was available for completion between the dates of 24 October 2008 to 5 December 2008.
• Street Surveys- Perspectives were commissioned to conduct on-street surveys using hand-held technology and carried out 392 surveys. A quota based sampling method was applied so that 50% of all respondents were residents; 25% worked within the Waterloo area and 25% who were travelling/commuting through Waterloo. Ten data collection points were identified as optimum points for data collection by trained research interviewers.
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• WaCoCo Consultation- WaCoCo completed a second round of consultation following the publication of draft SPD including:
i) A stand within Emma Cons Garden on 26 and 27 September 2008 with display boards giving details of the Draft SPD, finding from the first round of consultation in April 2008, and details of the community conference to be held in October.
ii) Questionnaires distributed to passers by, of which 40 were completed and returned.
iii) A Conference with local residents and community/voluntary organisations held on 4 October 2008 at Waterloo Action Centre. Participants were recruited from those who took part/ were invited to the ‘informal consultation’ activities (see above). The first part of the conference discussed a draft ‘vision’ created by councillors and community groups as well as discussion of the findings from the ‘informal consultation’. The second part saw respondents break up into six groups and discuss the main themes of the Draft SPD (tall buildings, waterloo station, Hungerford car park etc).
5. Findings from the WaCoCo consultation .
A synopsis of community concerns raised in WaCoCo’s focus groups and community conference in April 2008 are set out in Appendix A, but participants felt that the SPD should cover the following issues:
• A vision for Waterloo • Housing • Shopping • Street and public realm • Traffic-free human-scale civic spaces • Offices and jobs • Design, conservation and tall buildings • Community facilities • Parks • Key sites
An analysis of the 40 responses to WaCoCo’s questionnaire during the second phase of consultation in September/October 2008 is set out in appendix F. WaCoCo also held a community conference on Saturday October 4 2008 which included a number of discussion groups for everyone to discuss key issues in more detail. A summary of the main findings from the conference is set out in Appendix E, but key themes were as follows:
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• The vision A draft vision, drawn up by local councillors, South Bank Employers’ Group (SBEG) and Coin Street Community Builders (CSCB) was discussed. Participants felt that the vision did not give the right level of recognition of the core communities; in particular participants queried the proportion of residents compared to the proportion of commuters, visitors, and workers. The status of the large student population was also raised, and the need for uses to be mixed and inclusive as well as balanced. • Housing Housing was seen as a priority for participants. They identified that the current state of housing stock was not adequately meeting the needs of the local population, especially in terms of size. Further, participants felt that this would actively discourage new residents (such as families) from moving there because of the small size, affordability and the lack of amenities (such as schools, leisure facilities etc). Participants felt that developers should work closely with housing co- operatives to provide affordable housing which were lower rise and lower in cost. A better needs assessment of housing would be required in order to meet the needs of the local demographic and to make affordable housing policy more relevant in this area. Participants identified several sites for new, affordable housing to be placed. These included the Cornwall Road bus garage (sheltered, affordable housing), and around Coin Street’s South Bank (sheltered, affordable housing for older people). The area around Waterloo station was not seen as appropriate because of the lack of amenity space. • Shopping There was a consensus view that the redevelopment of Waterloo station should ensure the protection, enhancement and expansion of the district shopping area at Lower Marsh and should connect to opportunities on York Road and the South Bank. Participants recognised the requirement for a larger supermarket and better shopping facilities, stipulating that a larger supermarket should not be to the detriment of smaller stores. There were concerns that the Lower Marsh and The Cut shopping area was at risk from emerging cafes/ restaurants. Participants felt that the solution was to employ a specialist market manager to maintain the balance. Participants also felt that issues around late bars and cafes should also be addressed. The proposed Waterloo Town Square was seen as potentially having a detrimental effect for businesses on the Lower Marsh. Rather than creating new shops at St Johns, efforts should be made to strengthen the retail opportunities along Lower Marsh and The Cut. • Street and Public Realm Participants wanted to see street and public realm facilities geared towards pedestrians. In particular, they wanted to see a better balance between the amounts of pavement taken up by restaurants compared to what was
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available to pedestrians. Higher quality street furniture finishes and plants were seen to enhance the pedestrian experience. Participants also wanted to see the area near Lower Marsh (by Waterloo Station) pedestrianised to encourage pedestrian traffic to that area. Better facilities for cyclists (including routes, lockers, and cycle parking) were identified as a preference by respondents. Overcrowding from visitors was also a concern for participants, with pedestrian areas by the waterfront feeling congested and unpleasant. • Offices and Jobs Though there is a general support for and understanding of the need for increased office space, participants want to see a balance in land use not only in terms of size, but also in terms of how such developments can be created to benefit the residents as well. One key method of doing this is through the development of training and job seeking support and facilities for local people. There was also a feeling that any such developments should not have an effect on local business and that opportunities for small businesses and social enterprises should be provided in the form of start-up assistance and lower rents. • Design, Conservation and Tall Buildings Participants felt that the impact of tall buildings on the local community had not been considered thoroughly enough in the Draft SPD. They remained largely unconvinced of the needs, benefits and indeed capacity of the area to accommodate tall buildings. There was recognition that because of its location, Waterloo would make an appropriate location for tall buildings but participants would rather see these in a cluster around the station than by the river (because of the blockage of views). They felt that the Draft SPD did not consider the context of conservation areas and that further consideration should be given to public transport opportunities and the possibilities of street level access to the station to benefit the local communities. There were also concerns about the ‘wind tunnels’ created by high rise buildings and other effects on the microclimate of the area. Participants wanted to see usage of all the building’s structures, including basements and viewing platforms for people to see the views. • Community Facilities Participants wanted to see sustainable community facilities in the Waterloo area. Primarily, residents wanted to see a modern library, a community sports facility and improved youth facilities. A community centre was also desired as well as a network of other community buildings to serve the most deprived and excluded communities. The current community facilities were seen as in need of refurbishment. The creation of more school places, either by creating a new school or extending others was seen as a key requirement.
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Hungerford Car Park was seen as a valuable space that could become an extension of Jubilee Gardens. Participants wanted to see a few community facilities including a café, and arts space and toilets.
6. Lambeth Council consultation responses – survey samples
Survey Samples In total 226 online and paper questionnaires were completed. Both online and paper questionnaires were amalgamated into one set of data.
In total 392 on-street surveys were completed by a variety of respondents. The on street survey included most but not all of the questions from the newsletter questionnaire – and included equal opportunity questions. Perspectives were commissioned to conduct the on- street surveys on a quota basis to ensure that 50% of respondents were local residents, 25% worked in Waterloo, and 25% were visiting or travelling through Waterloo.
Description of respondents For both the street surveys and questionnaires, information was collected about peoples’ purpose for being in Waterloo.
In the online/ paper questionnaires, almost three quarters of all respondents (74%) lived in Waterloo (see chart 2.1 below). One percent of respondents came from outside of London.
For the on-street surveys, just over half (51%) of respondents were residents within Waterloo. A quarter (25%) respondents for the on-street surveys were working in Waterloo (see Chart 2.2 below) – consistent with the quotas that were sought by the Council to ensure views of different parts of the community were obtained.
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Which of the following best describes you? (%) 1%
2% Lives in Waterloo 13% Work in Waterloo
11% Travel through Waterloo regularly Visiting from within London Visiting from outside London 74%
Which of the following best describes you? (%) 4% 2% Live in Waterloo 7% Work in Waterloo
11% Travel through Waterloo regularly 51% Visiting from within London Visiting from outside London (within UK) 25% Visiting from outside the UK
Chart 2.1 (Base: 221) Online and Paper questionnaire Chart 2.2 (Base: 392) On-Street Surveys
Demographic structure of the street survey sample The street survey included demographic questions and this section sets out the results, giving a profile of the respondents. Where possible, the demographic profile of the respondents who were residents is compared to 2001 census statistics for Bishop’s Ward, the local residential population. (No demographic information was collected from respondents to the paper/ online questionnaire.)
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• Gender Over half (52%) of the overall sample were female, whilst 48% were male (see Chart 1.1). When comparing results for residents-only with Bishop’s Ward data, there is a slight over-representation of females (by 4%) and a corresponding under-representation of males (-4%).
Gender (%)
51% Female 55% 52% Bishop's Ward Residents 49% Total Male 45% 48%
0% 10% 20% 30% 40% 50% 60%
Chart 1.1
Age
Chart 1.2 below shows the breakdown of the sample by age, compared to the resident only part of the sample, as well as by Bishop’s Ward. From Chart 1.2, the total survey sample is more representative of Bishop’s Ward than the profile of the resident-only respondents.
Which of the following age groups do you fall into? 35%
30% 30% 31%
25% 25% Residents Percent (%) 21% 21% 20% 20% 20% 19% Bishop's Ward 2001 17% 16% 16% Percent% 15% 14%
Percent (%) Total Percent (%) 10% 10% 9% 8% 8% 5% 9% 6%
0% 16-19 20-29 30-44 45-59 60-74 75+ Age
Chart 1.2
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Long-Term Limiting Illness
The chart below (Chart 1.3) shows how the overall sample (total) compares to data from Bishop’s Ward and data from the resident only part of the overall sample.
Do you have a long-term illness, disability or infirmity? (%)
0% 20% 40% 60% 80% 100%
16% Yes - have a 11% disability 6% Bishop's Ward Residents Total 84% No - do not have 88% a disability 92%
Chart 1.3 • Religion
Chart 1.4 shows that nearly half of the sample regarded themselves as Christian’ (49%), whilst 5 % refused to answer:
And which of these best describes you? (%) 4% 5% 2% A. Christian 1% B. No religion 2% 2% C. Muslim 3% D. Jewish
E. Buddhist
49% F. Hindu G. Sikh
H. Other religion 33% Refused/Do not wish to answer
Chart 1.4 (Base: 392)
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• Ethnicity Table 1.1 shows how the ethnic breakdown of the total sample compares to just residents who were surveyed and the total population of Bishop’s Ward. Though broadly representative, there is an under-representation of responses from ‘White Other’ backgrounds (highlighted in lilac) and from ‘Black or Black British-African; backgrounds (highlighted in light green).
Which of these best describes you? If you wish, just tell me the letter that applies Bishop's Ward RESIDENT 2001 Census TOTAL Count Percent (%) Count Percent Count Percent (%) A. White British 131 66% 4737 52% 260 66% C. White Other 8 4% 1003 11% 27 7% D. Black or Black British - Caribbean 6 3% 692 8% 17 4% B. White Irish 9 5% 305 3% 15 4% K. Indian 7 4% 234 3% 13 3% J. Any other mixed background 7 4% 91 1% 10 3% E. Black of Black British - African 6 3% 1051 11% 9 2% G. Mixed – White and Black Caribbean 5 3% 129 1% 9 2% F. Other Black or Black British background 2 1% 120 1% 4 1% H. Mixed – White and Black African 2 1% 61 1% 4 1% L. Pakistani 2 1% 49 1% 4 1% N. Any other Asian background 3 2% 77 1% 3 1% O. Chinese 3 2% 210 2% 3 1% M. Bangladeshi 1 1% 103 1% 2 1% I. Mixed - White and Asian 0 0% 68 1% 1 0% P. Other ethnic group 6 3% 248 3% 9 2% Refused/Do not wish to answer 0 0% 0 0% 2 1%
Total 198 100% 9178 100% 392 100% Table 1.1 (Base: 392)
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• Sexuality
Chart 1.5 shows the sample by sexuality. 9 out of 10 people categorised themselves as ‘Heterosexual/ Straight’ (91%) whilst 3.3% classed themselves as gay, lesbian or bisexual.
And which of these best describes you? (Sexuality, %) 0% 6% 0.3% 3% A. Heterosexual/Straight
B. Gay or lesbian
C. Bisexual
D. Other
Refused/Do not wish to answer
91%
Chart 1.5 (Base: 392)
Findings from the questionnaire responses and the on-street survey. NB. The base figures in this section refer to the number of responses rather than the number of respondents. In cases when bases appear to be high (i.e. over 1,000) it is because the question is multiple choice and therefore exceeds the sample base of respondents.
Full data tables have been omitted from the body of this report for brevity, but are available upon request.
6.1 Facilities in Waterloo The survey asked what facilities people consider are required in the Waterloo area. People were asked to expand upon responses related to retail facilities.
A quarter of all responses on the online/paper questionnaire wished to see ‘more shops’ (25%, Chart 2.3), whilst just over a fifth of respondents (22%) wanted to see more leisure facilities. Under the ‘other’ category, respondents also specified retail facilities (such as ‘markets’ and ‘supermarkets’), open spaces/ park land and greater/better school facilities.
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What facilities do you think Waterloo needs? (%)
4%
15% 25% More shops More offices More housing
More hotels
4% More cultural facilities 22% More leisure facilities More community facilities 13% Other 13% 5%
Chart 2.3 (Base 634) Online and paper questionnaire
What facilities do you think Waterloo needs? (%)
3% 7% More shops More leisure facilities 27% 12% More community facilities
More housing 1% More cultural facilities 2% More hotels 7% More offices Other 7% 20% Don't know Nothing 14%
Chart 2.4 (Base: 659) Street Surveys
Chart 2.4 above shows that over a quarter of responses (27%) from the on- street surveys wanted to see more shops in the Waterloo area, whilst a fifth (20%) wanted to see more leisure facilities. This follows the same order of preference specified by respondents who filled out the paper survey.
Under ‘other’, many respondents wished to see better markets, or market facilities, better leisure facilities (a swimming pool and a youth centre) and improved pedestrianised areas. This was identical to the findings under the online and paper questionnaires.
Of those who wished to see more shops, a follow-up question revealed that participants on both the paper/online and on-street surveys would like to see a large supermarket, followed by clothes shops as well as independent butchers/markets and a general mix of shops.
When asked where these shops should be located, two fifths (40%) of respondents on the paper/ online questionnaire felt that they should be located only around existing shopping areas at Lower Marsh, The Cut and the riverside, compared to just over a fifth (21%) wishing to see them only around Lower Marsh (see Chart 2.5 below). However, over a quarter (26%) wished to see them everywhere in Waterloo. Of the 13% who specified ‘other’
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as their response, many wished to see shops around Waterloo Station as well as on Stamford Street.
Where do you think these shops should be located? (%)
13%
26% Everywhere in Waterloo
Only around exisiting shopping areas at Lower Marsh, The Cut 21% and the riverside Only around Lower Marsh
Other
40%
Chart 2.5 (Base: 181) Paper/Online Questionnaires
Where do you think that these shops should be located? (%)
1% Only around existing shopping 6% areas at Lower Marsh, The Cut 1% and the riverside 2% Everywhere in Waterloo
37% Only around Lower Marsh 26% York Road
Stamford street
Other 28%
Chart 2.6 (Base: 176) On-Street Surveys
Over a third (37%) of the respondents on the on-street surveys felt that retail uses should be located only around the existing shopping areas of Lower Marsh, The Cut and the riverside (Chart 2.6, above). Nearly three out of ten participants (28%) felt that the shops should be located everywhere in Waterloo whilst over one in four felt that it should be located only around Lower Marsh.
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Community Facilities The survey asked what community facilities participants would like to see provided in Waterloo and where a new library for the Waterloo area should be located.
Chart 2.7 (below) shows that over a third of responses (22%) on the paper/online questionnaire wanted to see more library facilities. Sports facilities were also popular (17%) followed facilities for the elderly (14%). Amongst the responses for those who had chosen ‘other’ the most popular choices included more open space/parks, dedicated facilities for the homeless as well as cinema. This question was omitted in the on-street survey and therefore there is no comparative data.
What community facilities do you think needs to be provided in Waterloo? (%)
3% School/ Other educational 0.2% 3% 6% Health centre 4% 9% Library 14% Youth facilities Child care Sport and leisure Facilities for the elderlt 22% No need for more 17% Not relevant Don't know Other 13% 8%
Chart 2.7 (Base: 570) Paper/Online Questionnaires
The paper/online questionnaire asked where the new library should be located as an open-ended question. Overwhelmingly, respondents felt that Lower Marsh would be the ideal location. This was followed closely by The Cut. Other areas included its current location and around Waterloo Road.
When asked the same question with closed options on the on-street surveys, over half of respondents (56%) felt that the library should stay on it’s existing site in Lower Marsh, whilst nearly a third (33%) felt that they did not know where the library should be located (see chart 2.8, below).
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A new library is needed for Waterloo. Where do you think it should be located? (%) On the existing library site in Lower Marsh
At the old Waterloo library 33% site/Waterloo Action Centre on Baylis Road Elsewhere on Lower Marsh
Blackfriars Road 54%
Other 3% 1% Don't know 3% 6%
Chart 2.8 (Base: 392) Street Surveys
Transport This question was only asked on the paper/online questionnaire. There was no clear answer to which transport project was the most popular for improving Waterloo (see Chart 2.9 below). However, the two most marginally popular choices were for the Cross River Tram as well as new cycle routes and cycle parking (both at 17%, respectively).
Which of the following projects do you think are important to improving transport in Waterloo? (%)
Cross river tram 16% 17% New cycle routes and bicycle parking
Better bus facilities
15% More and longer trains 17% Better passenger facilities at station
Better access to the 12% 11% Underground 12% Less traffic through the area
Chart 2.9 (Base: 655) Paper/on-line questionnaire
When asked what other transport improvements were needed, respondents made a range of suggestions:
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“Wider pavements Street planning to reduce bike/car conflicts on existing cycle routes”
…Improved public transport facilities (especially buses):
“Combine bus, train, coach and taxi interchange”
…As well increased traffic calming measures/solutions and increased pedestranised areas:
“Consider more pedestrian only zones.”
Waterloo Station Over a third (41%) of responses on the paper/online questionnaire felt that better pedestrian access links with the surrounding streets were needed to improve the Waterloo area whilst just over a fifth (21%) of responses felt that more concourse space was needed (Chart 2.10, below). Under the ‘other’ option, respondents wanted more seating on the concourse, a better ticketing office as well as improved and free toilet facilities.
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What do you think is needed to improve Waterloo Station? (%) 10% More concourse space 21% for passengers
More shops and cafes 16%
Better pedestrian 12% access links with surrounding streets More bicycle parking
41% Other
What do you think is needed to improve Waterloo Station? (%) Better pedestrian links with the surrounding streets 25% 29% More concourse space for passengers More shops and cafes
More bicycle parking 8% Don't know
9% 19% Other 11%
Chart 2.10(Base: 655) Paper/Online Questionnaire Chart 2.11 (Base: 516) Street Surveys
Of those who were asked about Waterloo on the on-street surveys, over a quarter (29%, see chart 2.11, above) of responses felt that better pedestrian links with the surrounding streets was needed the most to improve Waterloo station. A quarter (25%) selected ‘other’ and nearly one fifth (19%) wanted more concourse space for passengers.
Those who had selected ‘other’ specified a number of improvements, including a generally cleaner and safer environment as well as better signage and access. A few respondents felt that the station should remain ‘as it is’ or that it did not require improvement.
Tall Buildings on the Waterloo Site In terms of tall buildings on the Waterloo station site, over a quarter of respondents on the paper/online questionnaire (29%, see chart 2.12, below) felt that they should be located over the centre of the station. A fifth of
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respondents (20%) felt that there should be that they should be located at the front end/Waterloo Road end of the station.
Over a third (37%) of respondents felt that none of the options were appropriate; that they did not know or simply chose ‘other’. An exploration of the responses under ‘other’ revealed a strong indication that respondents did not feel that that additional tall buildings were necessary or appropriate.
This pattern of response for this question is broadly followed in the on-street surveys - ‘over the centre of the station’ was seen as the most popular choice (25%, see Chart 2.13). Of the 4% had chosen ‘other’ as an option, most had chosen alternative sites like the back of the station or York Road.
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Where on the station site you think they (tall buildings) should be located? (%)
11% Mainly located at the front 20% end/Waterloo road end of the station Over the centre of the station 14% Around the edge of the station
None of the above
12% 29% Don't know
Other 14%
Where on the station do you think they (tall buildings) should be located?(%)
Mainly located at the front 4% 10% end/Waterloo Road end of station 20% Over the centre of the station Around the edge of the 25% station Don't want them / Don't want tall buildings
18% None of the above
3% 20% Don't know
Other
Chart 2.13 (Base: 392) Street surveys
Buildings and Public Space This question was only asked on the paper/online questionnaire. Over half (54% in chart 2.13, below) of respondents thought it was better to build ‘tall elegant buildings-higher profile with more outdoor space in between’. Nearly a quarter (24%) of respondents wanted to see ‘large, medium rise buildings that are lower and fill the whole of site and less space between buildings’.
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A significant new development is planned for Waterloo. Do you think it is better to build (%):
22%
54%
24%
Tall elegant buildings- higher profile and with more outdoor space inbetween
Large medium rise buildings lower but fill the whole of the site and less space between buildings Other
Chart 2.13 (Base: 217) Paper/on-line questionnaire
Of the 22% that selected the ‘other’ option specified that they would like to see mainly medium buildings with open spaces: “Medium rise, with more outdoor space in between.”
Again, leading on from the question about Waterloo station there were also concerns about the requirement for tall buildings: “Definitely no high rise flats/buildings.
Public realm Participants were asked to select what they felt would improve Waterloo’s environment. A number of options were given for public realm improvements including pedestrian routes, public art and street furniture.
This question was asked on both the paper/online and on-street surveys. The most popular response (marginally) on the paper/ online questionnaire was to see ‘better pedestrian routes from the station to the river’ (16%, Chart 2.14, below) followed by more green spaces (also at 16%). Other popular responses such as ‘removing clutter from the pavement’ (14%) and ‘replace high level walkways…with street level routes. (12%), related specifically to the pedestrian experience.
Under the ‘other’ category, respondents gave a range of responses. Some mentioned the requirement for increased pedestrianised areas, whilst others mentioned a revival of traditional buildings and market areas. There was also a concern about the clearing of drinkers and drug users who were perceived to be highly visible in parts of Waterloo.
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Which of the following do you think are needed to improve Waterloo's environment?(%)
Remove clutter from pavements 3% Less traffic on Waterloo road 14% 16% New public space around the station and the IMAX 8% Better pedestrian routes from the station to the river 9% Replace high level walkways and underpasses with street 13% level routes for pedestrians Better signposting 9%
More public art and lighting projects 12% 16% More green spaces
Other
Chart 2.14 Online/paper survey Questionnaire (Base 1,008)
Which of these do you think are needed to improve Waterloo's environment? (%) Remove clutter from pavements
0.4% Less traffic on Waterloo Road 4% 16% 14% New public space around the station and the IMAX
Better pedestrian routes from the 9% station to the river 8% Replace high level walkways and underpasses with street level routes for pedestrians Better signposting 11% 11%
More public art and lighting projects
13% 14% More green spaces
Other
Chart 2.15 Street (Base 988)
The on-street survey revealed that, like respondents in the paper/online questionnaire, there was no clear favourite, although marginally, ‘remove all clutter from pavements’ received the most support (at 16%, see chart 2.15, above). Many of the options that were the most popular were associated with the pedestrian experience (like the paper/online survey) both as a means of travel (such as better pedestrian routes from the station to the river at 14%); or just the pedestrian experience (replacing high level walkways and underpasses with street level routes for pedestrians, at 9%). Other responses to do with open spaces were also popular.
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Of those respondents who selected ‘other’, popular responses related to the public safety (especially increased policing, better lighting and CCTV) as well as a generally cleaner environment (better sanitation and bins).
Hungerford Park/Jubilee Gardens When asked about what Hungerford Car Park should be used as in the future, over a half of the respondents on the paper/online questionnaire (56%, Chart 2.16 below) felt that the car park should be used as an extension to Jubilee Gardens with cultural facilities of national importance by the railway/viaduct. Nearly three-tenths (29%) of respondents felt that the car park should only be used as an extension to Jubilee Gardens (see chart 4.10, below).
Under ‘other’ most respondents specified that they wanted to see a car park (some wanted an underground car park):
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“An underground car park for visitors is always essential in central London”
What do you think the Hungerford Car Park should be used as in the future (%) ?
An extension to Jubilee 4% Gardens with cultural facilities 11% of national importance by the railway/ viaduct 1% Only as an extension to Jubilee Gardens
None of the above
56% 29% Don't know
Other
Chart 2.16 (Base 221) Paper/on-line questionnaire
The results from the on-street survey showed a large drop in those wanting an extension to Jubilee gardens. 27% of respondents (Chart 2.17, below) wanted an extension to Jubilee Gardens compared to just over a half (56%) on the paper/ online survey. However, 29% of respondents felt that they did not know what the car-park should be used for in the future compared to 11% on the paper/online survey. One explanation for this is that many of the randomly selected respondents who answered this question may not have known where the car-park was, and would simply not have an opinion on its future.
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What do you think Hungerford Car Park should be used for in the future? (%)
An extension to Jubilee Gardens with cultural facilities of national importance by the 14% railway/viaduct 27% Only as an extension to Jubilee Gardens
None of the above
29% Don't know
25% Other 5%
Chart 2.17 (Base: 397) Street survey
General Comments
A space was given at the end of the newsletter and online questionnaire for general comments. The comments received focused mainly on whether tall buildings are necessary and their validity as places for the local community:
“…I think it is inappropriate to be developing large scale, high density tall buildings at the vast expense, which will not benefit the local community…” There were also some concerns about vagrancy, drinkers and drug users occupying current open spaces within Waterloo:
“It is no good doing all this work and spending all this money if you then allow drunks and free loaders to take over the area you have improved and drove away residents and the people (tourists) we are trying to attract”
The requirement for a revitalised shopping area-whether it formed as part of a supermarket or more smaller traders:
“It has an interesting number of shops and markets - we do not want their livelihood threatened... We definitely do not want any more hotels or boring shops”
“What we need is a proper supermarket. The current Sainsbury’s is really a glorified sandwich shop”
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7. Conclusions The main findings from the public consultation were: a) Retail The need for new retail opportunities balanced with a desire to conserve existing small retail outlets was a strong theme throughout all consultation activity. There was consensus that the range of retail opportunities should be a key feature of the area in the future.
Retail opportunities were perceived as key in any new development of the area, whether it be housing, new office buildings, or meeting the needs of a growing population. b) Tall Buildings Those who took part in the qualitative work carried out by WaCoCo, though not entirely supportive of tall buildings, gave some valuable insight as to what the conditions should be met if buildings were to be erected. Participants could not initially identify the value of such proposals for themselves as residents. However, through discussion and some deliberation, residents began to identify the potential value of such proposals (such as training opportunities for local people to gain employment).
It is possible that respondents to the surveys and questionnaires did not identify the potential value of tall buildings and therefore, although support was present for buildings, it was not substantial. This was clear from open text responses whereby respondents felt there was no requirement for tall buildings, even on/around the site for Waterloo Station. c) Pedestrian Facilities Throughout all consultation activities, people wanted to see improved pedestrian facilities. Whether this be through improved pedestrian access (by widening pavements, better signage and ensuring bar/restaurants do not take up pavement space) or by improving street furniture. There was a general perception that increased pedestrian zones were not only attractive, but a necessary step for the reduction of congestion and general enjoyment of the area’s facilities. d) Open / Green Spaces Respondents who were residents were especially keen on seeing increased open and green space. They wanted to see increased greenery where possible. This could mean more trees alongside roads or an extension of Jubilee Gardens. The increased need for greenery and open spaces is central to meeting the needs of the local community. Some felt that the area was not attractive for families and identified the lack of open space and school/other community facilities as needing to be addressed. e) Transport Participants did not necessarily want to see an increase in transport facilities, but a more efficient use/regeneration of current transport systems. The Cross River Tram was seen as a positive opportunity. A lot of the respondents also
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felt that encouraging cyclists (by introducing cycle parking areas and cycle paths/routes) was a healthy way of addressing congestion problems.
These comments have been considered in revising the SPD before being reported to Cabinet for adoption. Changes have been made to address the concerns raised where possible and others will inform more detailed work on particular projects.
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8. SPD Consultation and Engagement (June / July 2011) Waterloo Area and Station SPD Consultation and Engagement Plan – June / July 2011
Method of consultation / Details of Consultation Who Dates engagement
Letter and • Mayor of London/GLA* Planning Completed summary • CLG* 10 June SPD to • Transport for London* Statutory • Department for Transport* Consultees • Environment Agency • English Heritage* • Natural England • Neighbouring Local Authorities - Southwark - Westminster • Highways Agency • Strategic Rail Authority* • Relevant utility companies • South West Trains Letter and • Network Rail* Planning Completed copies of • BRBR* 10 June SPD and • Southwest Trains* newsletter to • WCDG*^ Comm Community • SBEG*^ grps sent Organisations • WQBA*^ 16 June and • Southbank Centre* with Stakeholders newsletter • Wacoco^ • London & Regional: Elizabeth House • Shell • CSCB*^ • County Hall Owners & Residents Association^ • St Thomas’ Hospital^ • Kings College^ • Young Vic^ • Old Vic^ Copy of SPD • Planning Reception, Phoenix Planning Completed and House 10 June newsletter for • Lower Marsh Library Local Access Letter to ward • Peter Truesdale* Planning Completed members / • Gavin Dodsworth* 10 June councillors • Diana Braithwaite* • Nigel Haseldon*
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• Diana Morris* • Kate Hoey Email • DC Officers Planning Completed • Physical Regeneration 13 June • Rob Heslop/Transport Planning • Rob Harrison/MET Police Publicity Press Notice Statutory notice in South London Press Planning Completed 10 June Site Notices Placed around the site Planning Completed 20 June Press • North Lambeth Now e-bulletin Comms Completed Release • Local and Trade Press 14 June Website Advertise on the internet Planning Completed 10 June Lambeth First http://www.lambethfirst.org.uk/Lambeth- Planning Completed consultation First/consultation-tracker 13 June tracker and website SE1 News Send copy of Press Release Planning Completed 16 June Public Meetings Stakeholders Planning Jan 11 and • WCDG community meeting: 26 Community January Groups Access Contact: Julie Fleck TfL/Kate Planning July Cunningham SBC
These are the comments received from consultation.
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9. SPD Consultation and Engagement (Nov / Dec 2012) Waterloo Area and Station SPD Consultation and Engagement Plan – Nov / Dec 2012
Method of Details of Consultation Who Dates consultation / engagement Distribution of SPD Letter and • Mayor of London/GLA* Neighbourhood Completed 09 copies of SPD • CLG* Regeneration November 2012 to Statutory • Transport for London* Consultees • Department for Transport* • Environment Agency • English Heritage* • Natural England • Neighbouring Local Authorities - Southwark - Westminster • Highways Agency • Strategic Rail Authority* • Relevant utility companies • South West Trains Letter and • Network Rail* Neighbourhood Completed 09 copies of SPD • BRBR* Regeneration November 2012 and newsletter • Southwest Trains* to Community • WCDG*^ Organisations • SBEG*^ and • WQBA*^ Stakeholders • Southbank Centre* • Wacoco^ • London & Regional: Elizabeth House • Shell • CSCB*^ • County Hall Owners & Residents Association^ • St Thomas’ Hospital^ • Kings College^ • Young Vic^ • Old Vic^ Copy of SPD • Planning Reception, Phoenix Comms Completed 9 and newsletter House + Waterloo Library and November 2012 for Local Durning Library Access Letter to ward • Peter Truesdale* Comms Completed 20 members / • Gavin Dodsworth* November 2012 councillors • Diana Braithwaite* • Nigel Haseldon* • Diana Morris* • Kate Hoey Press Notice Statutory notice in the weekender Comms Completed 16 2012 November 2012
Press Release • North Lambeth Now e-bulletin Comms Completed 14 • Local and Trade Press November 2012 Website Advertise on the internet Comms Completed 09
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www.lambeth.gov.uk/waterloospd November 2012 Lambeth First http://www. lambeth.gov.uk/services/h Comms Completed 09 consultation ousingplanning/planning/planning November 2012 tracker and policy/localplan/planningconsultations website SE1 News Send copy of Press Release Comms Completed 16 Update sent to local internet groups November 2012 like SE1
These are the comments received from consultation.
Consultation Table Main Comments Respondee Summary of Comment Response English Heritage SPD Summary - The SPD would be Updated considerably stronger if it identified the significance of the area’s heritage assets (rather than simply listing the heritage assets) and then considered what type of development (or wh ether the types of development available at present) would sustain that significance. Not included Paragraph 2.10 of the SPD that there is significant potential for development above the station. We consider that in order for such development to be sustainable, i.e. t o conserve and enhance the heritage values of the station and the surrounding conservation areas appropriately it will need to be limited to the north east corner of the station.
The SPD would be greatly enhanced by including an analysis of what the significance of the heritage assets contributes to the area and how this should Updated be conserved and enhanced.
The significance of the relationship between Lambeth Palace and the WHS warrants identification and brief comment so that users of the SPD can under stand why measures are required to conserve and Updated enhance this significance.
English Heritage notes the pertinent description of the buildings on the river in paragraph 3.27 as “monumental in scale but relatively low in height”. English Heritage wishes to e mphasise that the monumental nature of these buildings needs to be maintained and not eroded through Updated crowding by development of an inappropriate height and density.
These views are not simply ‘relevant’ to Waterloo, as stated in paragraph 3.35, but a fund amental reflection of the importance of
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this area to the historic environment of central London. A development that seeks to become a major new component of such views needs to be at once original, and highly complementary to its surroundings.
English Heritage would also take this opportunity to observe the complete absence of coverage of the Waterloo Area’s archaeological potential and resource. Bishops & Princes Detailed comments only Ward Councillors (Cllr Peter Truesdale) Jeremy Baker There is not enough employment Not included opportunities and far too much housing. Waterloo Quarter BID Retail Significant reference to scope for development of retail in the SPD area. Would request further detail on implementation of this, including the proposed retail strategy/circuit for the area. Support promotion of A-type uses over D- type uses in town centre areas, especially at Lower Marsh. Updated Implementation Chapter would benefit from specific reference to the mechanism for prioritisation of projects by the Council and its partners – perhaps building on the assessment and prioritisation matrix and appraisal documents produced by TfL and reviewed by the Waterloo Steering Gr oup. Westminster City A statement on the importance of cross - Included Council borough working as crucial to ensure the protection of the World Heritage Site and cross -river views. Not included Westminster's Core Strategy as a relevant policy document in the 'policy context' section, given many of the views referred to are from Westminster, in particular CS24 (Heritage) and CS25 (Views). Included Reference to the wider context and setting of the area, the importance of cross- borough local views along the river and th e setting of heritage assets which adjoin the area located in both Westminster and Southwark, bearing in mind London Plan Policy 7.4 (Local Character) which states that: local character does not necessarily recognise borough boundaries.
We object to the content of this SPD as currently drafted, as we consider this fails to adequately consider cross-borough issues and the importance of the wider context of the area. We don't believe that, to date, the development of this SPD demonstrates the
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duty to cooperate, and we would like to see Included some progress on this.
Conservation, Heritage and Views The section on the Westminster World Heritage Site focuses on constraints. We believe it should begin with a more positive statement, which recognises the Outstanding Universal Value of the World Heritage Site and the important contribution it makes to Lam beth's setting and the desirability of the Waterloo area for development and as a visitor destination.
The summary in this paragraph of the advice in the London View Management Framework Management Plan in relation to the gap between between St Stephen's Tower and Portcullis House is inaccurate. The management plan for this view states that development that would be visible Not included between the Clock Tower and the central fleche of County Hall should be refused. This detail should be included in the SPD.
The secti on on tall buildings refers to parts of the CABE/EH guidance on tall buildings. This guidance says that in areas identified as appropriate or sensitive to tall buildings, local authorities should consider commissioning more detailed, three - dimensional urba n design frameworks to be adopted as supplementary planning documents to inform the place -making process. It suggests these should be modelled in relation to context, including Not included impacts on other local authority areas. We consider that some further work on t his would be helpful to inform policy for this area and would be happy to work with you on this.
District Heating Energy Networks Paragraphs 6.18 -6.19 refers to new buildings being able to connect to District Energy Networks. We would like to see an energy masterplan across the whole of the site which shows how the provided district energy networks would link in to neighbouring distr ict energy networks such as Whitehall and energy centres across the Strand. Greater London Additionally, improvements to the IMAX Updated Authority/ TfL roundabout as part of the proposed 'City Square' scheme should be given greater prominence. Updated As raised in comments on previous iterations of the SPD, there is a potential risk in separating transport infrastructure from
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the wider public realm. There is significant benefit in strengthening the interface between the two and in doing so enhancing connectivity across the Waterloo strategic interchange. Southbank Centre Hungerford Car Park Updated We are very supportive of the Council's objective to extend the Jubilee Gardens into the part of the Hungerford Car Park that is designated as Metropolitan Open Land (MOL). However, we would like to highlight the importance of retaining the policy presumption in favour of the use of the part of the car park that is not designated as MOL, for future arts and cultural use. Updated We note that paragraph 5.12 states 'The council may be willing to consider some development in this location providing that the main use of the space is as open space, and subje ct to a transparent analysis of viability.' It is not clear what is meant by 'a transparent analysis of viability'. The adopted Core Strategy Policy PN1 makes it clear that the development of the remainder of Hungerford Car Park should be for arts, cultura l and supporting uses. There is no suggestion of a requirement for viability testing. However, on page 10 reference to viability testing has been added to the policy Not included text under part (d).
Page 52, Para 4.40 The intensification of the Barclay's Cycle Hire scheme cannot be supported in all circumstances. Although demand is high (and higher than can possibly be catered for) during peak times, infrastructure is underused during the day. Cycle docking stations take away valuable footway space in a high footfall area. In respect of Southbank Centre's site a proposed extension of the cycle hire under Waterloo Bridge behind the Hayward Gallery would, if it proceeded, seriously jeopardise our ability to create a new servicing access by the bridge enabling us to pede strianise the space between the Royal Festival Hall and the Queen Elizabeth Hall and Hayward Gallery. GL Hearn (on behalf The SPD was originally adopted in 2009 in Not included of British Film accordance with the Unitary Development Institute) Plan (2007 UDP). However, as these policies have now been superseded by the Lambeth Core Strategy (January 2011), the SPD needs to be updated to reflect the Core Strategy policies (page 2, draft SPD).
Reference is also made to the scheme to Not included relocate the BFI to the Hungerford car park site to create a world class film centre and
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improve pedestrian access and public realm (2009 SPD paragraph 7.3.3). Thus there is a specific reference in the 2009 SPD to the link between BFI and it s long standing proposal to seek to develop a new NFC on the Hungerford Car park site. Marina Thaine (Local This draft seems to be seeking to declassify Not included resident) a key part of this Conservation Area by the back door – whi ch is neither honest nor legal. Suddenly the South Bank is being referred to as the Riverside, and some five acres of it (the Shell Centre site) has been removed from the protection, safeguards and restraints accorded to the rest of the CA. NetworkRail The Department of Transport will decide Updated which projects they wish to fund to satisfy potential rail projects. This may lead to changes to the proposed infrastructure enhancements as set out in paragraph 4.29. Network Rail will also be able to provide a clearer approach to operational improvements in the coming months. With this in mind paragraphs 7.1.12 – 7.1.14 will need to be amended following the receipt of further capacity studies. Updated Network Rail requests that a more flexible approach is set out in paragraph 7.1.26 to building heights and storeys. There are a number of factors that will determine the proposed building height, notably viability, operational requirements and demand, design. At this early stage these elements are unknown and it is more sensible to remove any restrictions. CGMs Consultants Detailed comments only HSE (Health and Detailed comments only Safety Executive) National Theatre P63 5.9 The National Theatre fully supports Included the SPD’s commitment to the IMAX roundabout route to the South Bank. We also believe that people arriving by bus, via the York Road tube station exit, and even though Victory Arch will continue to use the Sutton Walk/Concert Hall Approach route and improvements could and should be made to this route, particularly in respect of the environment and lighting under the railway bridge. We would also support any initiative to improve the environment under Waterloo Brid ge where it crosses Upper Ground. Updated
7.4.5 A master plan has also been produced by the National Theatre. This makes provision for a new building to the rear of the site providing extensive new facilities for the construction departments and active frontage onto Upper Ground,
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enlarged public spaces around and, within the Cottesloe Theatre, incorporating extensive education facilities, a refurbished and vehicle -free public realm in the north east corner, as well as active frontage around the entire riverside o f the building, and more accessible and better landscaped public terraces. Quod Chapter 8 Implementation S106 and CIL This part of the document does not provide a clear and succinct explanation of the Council’s expectations in respect of the process for securing S106 obligations and its forthcoming Community Infrastructure Levy (CIL).
Affordable Housing Paragraph 8.46 of the Waterloo Area SPD states that where appropriate, the Council will include an appraisal review mechanism in S106 agreements in order to ‘capture any uplift in values during the lifetime of the development to maximise the delivery of affordable homes on and off site and to enhance investment in infrastructure’.
A post implementation review introduces undue uncertainty and undermines the basis of ensuring a competitive return to a willing land owner and avoiding development being unnecessarily impeded, as enshrined in the NPPF (noting, specifically paragraphs 173 – 177). Drivers Jonas Paragraph 2.18: Included Deloitte "Priorities for local people are the provision of a supermarket to serve local convenience food shopping needs and more new shops in the area rather than more bars and restaurants. As identified within Section 7, it is considered that this supermarket could be adequately accommodated within the Waterloo International Terminal redevelopment." Not included BRBR suggest that this is referenced within Paragraph 2.17 of the SPD as follows: "New retail d evelopment within the station will compliment the existing retail on Lower Marsh. In development schemes north of the station and viaducts, retail will be an acceptable ground floor use to provide active frontages and meet local needs, but should not be of a type of scale that might adversely affect the centre." Lambeth Cyclist Utilisation of agreed routes with provision for Not included safe cycle alternatives where needed (to avoid a repeat of the Upper Ground fiasco in Southwark)
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Thames Water Detailed comments only SBEG Engagement: This has not been matched in the preparation of the current document. This would not have mattered if the changes to the SPD had been of a technical nature as was originally indicated to the stakeholders. Updated b) The inclusion of a whole new cha pter on transport supplied by TfL. Much of the material in this new Chapter 4 overlaps with material in the public realm chapter, Chapter 5 and the Implementation Chapter, Chapter 8 and the differences in emphasis in the three chapters do not enhance the c larity of the document. Updated
c) There should be clarity between strategic transport investment, including the major investment proposed by DfT in tracks and platforms at the Station, and more local transport interventions, e.g better pedestrian environment ( which may however also have strategic importance). There should also be an assessment of the value of modest interventions to improve walking and cycling as a means of postponing or obviating the need for more substantial investment in tube and bus infrast ructure. Updated
d) The baseline facts on transport infrastructure in Chapter 4 as drafted are useful. However the content needs to be simplified .
It may well be (and the Council should recognise) that some of the outstanding issues would be best omitted from the SPD and dealt with under the proposed Neighbourhood Plan which is being Not included promoted with the support of the Council by South Bank Employers’ Group.
In terms of public realm and pedestrian routes this could then also take full account, after consultati on, of the detailed and extensive work on this subject which is close to completion by Squire and Partners, Steer Davies Gleave and Space Syntax for South Bank Employers’ Group. WCDG Part 1 Our one major reservation was the area Not included covered by the SPD, which we felt did not reflect the social, economic or natural boundaries in the area.
Lambeth’s Core Strategy is itself about to be Not included changed, with a new draft expected on deposit at t he beginning of 2013, along with completely new Development Management and Site specific policies, to replace the
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policies saved from the UDP, which were themselves drafted and consulted on in 2002. Given the changes over the intervening decade this is lik ely to require a more fundamental examination of policy than may have originally been envisaged. To adopt a new SPD precisely to tie it to the Core Strategy and LDF policies which may radically change within the next few months seems to put the cart before the horse. Updated Key strategic implementation vehicles remain lopsided by excluding the local community whilst including the major landowners. WCDG Part 2 Transport (chap 4) Updated There should be an increased focus and positive statement about the needs of all pedestrians throughout the area, including all local residents, children and the elderly and within the walking / transport section at chapter 4. Not included The potential for the Cornw all Road bus garage to be incorporated into any remodelling of the station that might take place with the removal of the high level ramp (4.58) should be considered, and/ or as part of any plans for the reuse of the WIT platforms. The other sites that shou ld be considered for the bus garage would be the sites under the WIT line between Westminster Bridge Road and Royal Street currently used for car parking, and at the Bakerloo line depot south of Lambeth Road between Westminster Bridge Rd and St Updated Georges Cir cus.
Implementation The first few paragraphs of Chapter 8, up to and including paragraph 8.7 are just repeating what’s been written earlier in the Included SPD and are unnecessary.
There needs to be reference to drawing on the skills and opportunities which the very large employers in the area have, tapping into their corporate social responsibility Included agendas, which do not currently stretch very far in Waterloo
There needs to reference to using local supply chains, creating a range of employment opportunities (n ot just high -end offices), and supporting a range of services commensurate with a mixed area. WCDG meeting notes HCP – the whole site should be used for Not included open space, and the wording of the SPD is to vague, implying merely that more than half should be used as open space.
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Concern at the lack of consultation on s.106 Discussion point agreements – that there is pre-app consultation but the community are not consulted on the final package. South Bank Concern about Lambeth’s stance on Not included Partnership affordable housing – whether the Council will require full policy compliance. DP9 on behalf of We would also request that paragraph 3.38 Updated EHLP of the SPD, which refers to the way in which new buildings in Waterloo relate to the Westminster World Heritage Site, align with the guidance contained within the London View Management Framework. Union Ja ck Club Detailed comments only Marine Management Detailed comments only Organisation St John with St At the end of paragraph 2.24, the document Updated Andrew, Waterloo says "A number of community events and activities are currently run from St Johns Church adjacent to the IMAX roundabout" - could this be amplified? Along the lines of "and there are proposals to develop the church to provide greater access for new and existing community projects," PCT (Email) Broadly speaking, the financial and Included premises requirements as set out in the 2006 response are still valid, with the development of new primary care premises still required. Whilst the submission suggested the development of two new centres, this would now ideally be a single new facility, if the location was suitable to be accessible by residents living in both Lambeth and Southwark. NHS Lambeth The Waterloo SPD sets out policy which Not included (Response to Draft should have a beneficial impac t on health Waterloo and wellbeing to residents and workers in Supplementary the area. There is scope for further work to Planning Document enhance these benefits and identify and Oct 2012) mitigate against risks to health and wellbeing. A detailed health and wellbeing impact assessment of the proposal is recommended. Supplementary Given the major reorganisation of Waterloo Included Planning Document Station, the pedestrianisation of Waterloo Oct 2012) Appendix A Road, and other changes to the area & B detailed in the framework, further discussions involving Lambeth PCT, Southwark PCT, Waterloo Health Centre and the Mayor’s Office will be required to consider the best location and size for the new primary care centres. The initial view is that two new buildings of between 1,000 to 1,500m2 for each P CT area will be required. Port of London The PLA is pleased to see that some Updated Authority consideration has been given to riverbus services in the document however the information provided is out of date.
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The document has an objective to Not included encourage the increasing modal share of sustainable transport modes. However, the document makes no reference to the important role that the river could play in the transportation of construction materials to and waste mate rials from development sites. Friends of Jubilee It also underlines the need for extending the Discussion point Gardens park over the whole of the Hungerford site to meet demand from the additional workers and residents planned for Waterloo.
Th e Council should recognise that Not included permanent arts facilities are no longer planned for this site. The needs and popular demand for public parkland here is exceptional and hence the site should revert in whole to MOL status. Para 7.3.4, 7.3.5 should be modifie d to suit with presumption in favour of parkland rather than buildings. ‘Urban Layout’ should say ‘any construction’ rather than ‘the building’. Southwark Council In the Conservation and Heritage section, it Updated would be beneficial to refer to conservation areas and heritage assets that straddle the administrative boundary or are in close proximity to it. This should include Old Barge House Alley conservation area and t he Grade II Listed features at Stamford Street and Hatfields. Subsequent urban design guidance in the SPD could then refer to the relationship between the Riverside character area and these important conservation and heritage features.
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APPENDICES
A. WaCoCo – report of consultation in April/May 2008 B. Statutory notice of consultation October 2008 C. Lambeth Council newsletter and questionnaire D. List of formal respondents E. Report of WaCoCo community conference October 2008 F. WaCoCo questionnaire – table of comments
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APPENDIX A – FULL REPORT OF 2 ND PHASE OF WACOCO CONSULTATION – SEPT/OCT 2008
WaCoCo consultation on draft Waterloo SPD: evidence base
For the second round of consultation WaCoCo published a digest of initial responses from the first round of consultation, along with a précis of some elements of the first draft of the SPD, with a copy sent to every household. A drop-in was held on Emma Cons Gardens on 25-26 September which made contact with over 300 residents, and 30 questionnaires were returned. A conference in early October drew a further 40 residents, who were broken into groups and asked to respond on six key issues: housing, shopping, public realm, offices/jobs, tall buildings, and community facilities. A draft vision was tested against these issues. Below are the detailed comments from the conference and analysis of the feedback from the questionnaires. This evidence is raw and requiring interpretation, not necessarily representative, and not exclusively focused on planning issues rather than the wider regeneration of Waterloo. The summary is an attempt to provide interpretation and a balanced and representative response, and is focused on being relevant to planning and the draft SPD.
Key issues presented to conference
The number of people living and working Waterloo is expected to increase by about 1/3 rd over the next 15 years, the biggest increase for over a century. This could bring big benefits, with new buildings on derelict sites and better local shops and facilities. But it will also bring big challenges. Where and how do we accommodate the new homes and offices required? Planning aims to ensure that the right things are built in the right places, and the wrong things are not built at all. This is done through the creation of a Plan which sets out general principles and specific requirements for individual sites. The Plan must be produced in consultation with the local community. The Mayor of London has produced a plan for the whole of London (the London Plan), and Lambeth Council have a plan for Lambeth. Now they are creating a more detailed plan for Waterloo to prepare for the expected growth. In April Lambeth Council asked for initial ideas from local community groups in Waterloo. Waterloo Community Coalition (WaCoCo) ran a series of workshops and a conference, and sent Lambeth the results. Now the Council has responded with a draft plan, and will be consulting on this from now until the end of November.
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HOUSING
Some key issues presented to conference
What we asked for… Lambeth’s draft What do you think? proposes… Housing
Support for additional ‘Maximise Affordable/ family housing should housing. opportunities’ for 1,500 be prioritised above other uses? There is a need for new homes increased affordable Developers should work with local housing, especially General policy of 50% affordable housing co-ops to provide affordable rented family housing, to housing? produce a mixed ‘expected’ in all residential community developments over 10 balanced with the flats – but this is not Sites should be identified for increasing workers being achieved, usually affordable/ family housing: ’part-buy’ is the main and visitors in − Cornwall Rd bus garage? Waterloo. affordable element − Around Waterloo Station? Much of the no sites are identified − affordable housing for housing, but mixed Around Archbishops Park? stock is gradually use (i.e. some housing) − Coin Street & South Bank? being sold off and encouraged for most − sites lost; most of the sites Other? housing currently proposed is non- family flats for market sale. Local co-ops have been a Waterloo success story which should be encouraged. Lack of sheltered housing.
Strong national and regional policy requiring more homes overall to deal with housing shortage. London Plan has targets for every borough and for Opportunity Areas – Waterloo Affordable housing in all new residential development over 10 units: target of 50%, with 1/3 rd intermediate, or money in lieu – but this is never spent in Waterloo. All measured by habitable rooms (not units) Problem of intermediate being unaffordable Flexibility re targets: social infrastructure and other planning objectives allowed in lieu
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Dwelling mix: policy requires mix. Family units needed? Too many 1 bed/ studio Dwelling size – policy Amenity space requirements Where are the appropriate sites? Mixed use sites = good, but more problems to solve
RESPONSES
Affordable/ family housing should be prioritised above other uses? Waterloo must maintain a mix of residential: mixed size units; mixed tenure; mixed costs – this requires effort. ‘Affordable housing’ as defined by recent permissions in Waterloo is not delivering a mix: subsidised rented accommodation is not being delivered. Housing preferably to offices Rent should be proportionate to earnings the 50% affordable. Mix of tenure affects the design of the proposed building.
Developers should work with local co-ops to provide affordable rented housing? Yes: low rise, low cost (rather than huge developments) has been more successful in Waterloo. Co-ops deliver higher standards!
Sites should be identified for affordable/ family housing: − Cornwall Rd bus garage? potentially good for mixed genuinely affordable housing, not just sheltered (but dependent on removal of buses) + shops/ active frontage important
− Around Waterloo Station? Not good for mixed housing – better for commercial/ retail; but the Elizabeth House proposals show it can be done. Open (amenity) spaces required as part of redevelopment, particularly if development above station.
− Around Archbishops Park? Opposed to it blocking green space. But good for family housing
− Coin Street & South Bank? Yes sheltered housing for older people. Must not be sold off. EVER, and must be affordable. It would provide affordable in housing which would not get sold Redevelopment must fit in with the current buildings. Sheltered/ seniors at Gabriels wharf- good idea.
Other sites? Small sites unused/ old buildings: • Above/around Southwark station (LBS); • Cornwall club, Cornwall Rd • Build on top of shops • Current library site (if moved) Lower Marsh. • Lambeth Building Society • Language school – Lower Marsh/ WBR • Library site? Could be mixed with housing.
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• Ethelm house.site, Corwall Rd • Paris Gardens site (LBS) • Hercules Rd/ Westminster bridge Rd vacant site (Duck tours) • South Bank phone exchange – Meymott St (LBS) • Gray St/ Waterloo Rd (Partnership House)
Other comments Does the apparent demand for family housing reflect the real local needs of the homeless? There is a problem of inadequate local facilities (schools, safe child-friendly open space, library, leisure etc) lowering demand for family accommodation. The social infrastructure will to some extent determine the demographics of Waterloo: facilities should be in place prior to increase in population.
Car parking is always an issue
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RETAIL IN WATERLOO
Some key issues presented to conference
What we asked for… Lambeth’s draft What do you think? proposes… Shopping Lower Marsh has There should be stronger protection declined due to lack of Shopping is not of Lower Marsh & The Cut for care by Lambeth. addressed specifically shops – a priority over cafés and except to state a other changes of use? The character and general support for charm of Lower Marsh Lower Marsh. Sites should be identified for a & The Cut needs to be The redevelopment of supermarket in the shopping centre: nurtured, market Waterloo Station − management improved, provides an One of the larger vacant sites connections improved, opportunity to in Lower Marsh/ Westminster public realm provide some larger Bridge Road? transformed. shops at ground level − under the platforms – Cornwall Rd bus garage? We need better high but only if its − Expand the current street shops and a financially feasible, Sainsbury’s? supermarket. this is not a priority
Connecting Lower Marsh to the The extension of the ground level of Waterloo Station shopping centre must must be made a priority? be a priority in the redevelopment of Waterloo Station.
RESPONSE OF GROUPS 1 Lack of demand – other shopping centres not far away Beware big supermarket – but it can work What’s wrong with what we’ve got? It’s not good enough Lower Marsh is dying esp market Solutions: • more customers – office development, esp public sector workers • local market management sites: • expand Sainsbury’s to a genuine supermarket • CRBG off the beaten track? • LM/WBR – is there enough demand We need stronger protection of shops from change of use
2 Yes – shopping must be a priority of station redevelopment Creating a shopping centre at the centre of Waterloo is a priority Supermarket should go under station
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Can one supermarket serve all communities? Car parking? Is there the demand? Sites: we need a medium-sized supermarket • Sainsbury’s site has proved most viable • A site must indicate the rest of Lower Marsh
Protect shops over cafés, but viability must be considered LBL should work like WCC – compare to detail of success on South Bank
3 Lower Marsh mustn’t decline further Market strategy needs to be clearer and owned by LBL Scepticism about the real need for a supermarket: • Quality • Choice • Family friendly • Anchor – v – killer • LM/WBR most preferable • Current Sainsbury’s • Bus garage good position – mix of uses possible on large site
What is a ‘real’ shop? Why not become the new Charlotte St? No congestion charge for traders Car parking for infirm/ family shoppers
4 Lower Marsh a priority Aldi/Lidl as a supermarket serving local people? But very similar to Iceland Sites: • under the station • LM/WBR - servicing issues • Bonded warehouse sites under Leake St • CRBG – mixed views • Sainsbury’s could work Encourage more food shops e.g. specialists – a known food destination use WCC methods Pedestrianise Market needs to be invigorated through • flea market • free stalls • local market management
5 Shopping under the station must be a priority of the redevelopment of the station/ part of the trade-off for tall buildings Supermarket which serves all groups incl. visitors/ commuters − Bus garage = central site
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− Is Sainsbury’s site big enough/ capable of expansion? + Land costs too high for local store? − Servicing issues to be considered Protect existing shops from change of use to cafés etc New market management required
6 We need shopping that relates to local needs (as well as visitors and commuters) Future of Lower Marsh under threat by changing land values in event of station redevelopment We must protect the character of Lower Marsh Supermarket in Lower Marsh? No parking allowed Cornwall Rd BG Expanding Sainsbury’s = safest option because already proved Concern about late night/ café/ street culture Independent shops/ cafés could help meet some of the unmet needs e.g. ethnic needs
FEEDBACK/ SUMMARY
1. Waterloo Station redevelopment Any redevelopment of Waterloo Station must, as a priority, ensure the protection, enhancement and expansion of the district shopping centre at Lower Marsh under the station to connect with retail opportunities on York Rd and the South Bank
2. Supermarket • in or on the edge of the shopping centre could be beneficial to the vitality and viability of the shopping centre, but beware • That it becomes the anchor store, not the killer store • it meets local needs as well as other needs • sited properly to capture the complex demands of locals and visitors
Sites for supermarket • LM/WBR – good, but questions about viability (being further away from the hub at Waterloo Rd) and servicing such tight sites • Sainsbury’s – a proven viable site, but expensive land means serving visitors? • Cornwall Rd bus garage – mixed use for this site should include retail • Leake St/ WBR – long vacant bonded warehouses offer huge possibility • Under the station in redevelopment
3. Lower Marsh & The Cut district shopping centre • Shops need to be better protected from pressures of change of use to cafés/ restaurants – although not ‘anti-cafés’, there is concern that the balance is being lost – shops need other shops to create critical mass to attract shoppers
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• The market needs completely re-managing by an independent/ local specialist market manager • The character and charm of Lower Marsh/ The Cut as a bustling shopping centre (not simply as a Conservation Area) needs to be protected • Potential for making it a specialist centre e.g. food/ gastro • Concern about the (unassessed) impact of late night café/ bar culture
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PUBLIC REALM & TRANSPORT
Some key issues presented to conference
What we asked for… Lambeth’s draft What do you think? proposes… 1. Streets & public realm Waterloo is a great Improving We support Lambeth’s approach, but place to walk and connections is a would also like to see meander but is strong theme segmented by busy throughout All new development must contribute roads and railway .Lambeth’s draft to the reduction of traffic in viaducts. plan. Development Waterloo? should be broken up All new development must contribute We want better on large sites to to encouraging and improving pedestrian create permeability. pedestrian environment by creating connections, wider New green permeable developments, and by pavements and ‘boulevards’ and funding street improvements, reduced through- pedestrian networks greening, and pavement traffic, less street proposed. Removing enlargement? clutter, improved and traffic from Waterloo greener general Rd and reducing it streetscape, improved Transport planning should make generally is pedestrian movement a priority over cleaning and rubbish proposed, by removal and road users, by creating new road measures from crossings, for example? integrated recycling restricting parking in facilities. new development to Transport planning should remove
banning private cars through traffic from Waterloo? Traffic-free human- scale civic spaces We support a new ‘town square’ for A new high quality required: high quality Waterloo? projects of community ‘town square’ for value. Waterloo between the IMAX and the Old Vic proposed by removing through traffic from Waterloo Rd except buses
Group sessions
• Don’t support shared surfaces? If you are going to make a pedestrian lane, do it properly. • How would shops and facilities work around the new square? • What happens to traffic coming into the square? • Separate community town square • Take current example of capacity as it is working
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• Way finding and better quality street furniture. Colour coding routes. • Get traffic off local side streets. Focus traffic on key routes Westminster bridge road. Blackfriars. • New developments should have active fonts / wide pavements and green / planting – which should be accessible by public. • Increase pedestrian use and ensure businesses don’t ‘hog’ pavement space. Genuinely prioritise pedestrians. • Good examples: EV? Bad examples: Young VIC, Pubs. • Pedestrian zones – Not to the detriments of other roads. Pedestrians? May be just increase pavement width and take a lane out of traffic. • Sceptical of shared surfaces. • Better PEDESTRIAN crossings. i.e. prioritising pedestrians and not cars. - North of Imax and ½ way across bridges. • Better traffic management. • One on Stamford Street. • Lower Marsh – Make a pedestrian lane. • Stalls in centre back to back and make it a proper shopping street. • Making waterloo road underpass a pedestrian lane? - Worried about impact on side streets and how do you go north • Want people leaving the station to be directed to lower marsh. • Widen pavements but zone business provision. • Stop pubs / cafes from hogging the space. Ensure safe pedestrian routes. • Around Whitehouse/ Concert Hall Approach / RFH.: make a pedestrian zone around waterloo road and sensibly distributing traffic. • Lower marsh – Pedestrian shopping zone. - Timed vehicle access. • Widen pavements – Better street furniture • Strict delineation of pubs / cafes using pavements. • Accessible entrances to shops and businesses. • New developments Careful planning of ground floor function. Accessible and affordable activities. Active fronts. • Cycle lockers and paths. - Secure spaces to encourage use of bikes. • What happens to the current traffic? - Not a pedestrian zone if buses etc are there. - Sceptical of shared surface. • Lower marsh – Make a pedestrian zone: improve aesthetics. • Widen pavements. • Rationalise street furniture • Improved cycle lanes – enforcement so off pavements. • Focus town square around Emma cons junction. • Protect small pockets of green space for bio-diversity.
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• If you are making a pedestrian zone then do it properly: shared surfaces may not work. Taxi drivers? • Extend Town Square down to Emma cons. • Not pushing traffic into local roads. • Active fronts everywhere in waterloo - Bigger pavements with better street furniture / trees / water. - Encouraging people to stay and use it and enjoy. • Reducing diesel fumes so people can sit out. - Improving air quality.
Consensus/ Conclusions
• Support wider Pavements. Quality street furniture planting so people can sit and enjoy it. Air Quality. Way finding > Better Signage. • Delineation and enforcement of business use of pavements so spaces become / remain pedestrian friendly. • Scepticism over shared surfaces - Shift in culture to respect pedestrian - Reduce lanes of traffic rather than fully pedestrians. • Careful transport planning to not overload side streets. • Feeling that town square should not be moved to / extended to Emma cons junction • Active fronts to square need to be encouraged and new developments should have public functions at the ground floor. • Lower marsh should have a pedestrian lane and encourage pedestrian traffic from station to lower marsh. • Cycle provision – lanes / lockers – promote cycling • Town square at the IMAX isn’t the right location for communities – Emma cons junction more appropriate. • Rather than create new shops around large strengthen lower marsh / cut / area. • Decent delineation of cycle paths. Re-route buses. Concert hall approach. • Make a pedestrian lane / Prioritise pedestrians
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OFFICES & JOBS
Some key issues presented to conference
What we asked for… Lambeth’s draft What do you think? proposes… Offices & jobs There is little There needs to be a balance between The general approach consensus: some large development for offices and is for maximum groups were for hotels? increases in density concerned that there and development were too many Office and hotel proposals should wherever possible to offices/ tourists/ always include some housing? create more jobs (and noise/ traffic/ tall and homes—most office dense buildings; other The cumulative impact of hotels and development should groups want thriving other visitor developments needs to be mixed use offices to provide be assessed. Such development including housing). jobs, with additional should provide large amounts of workers (esp. public Any negative impact capital and revenue funding to sector office workers) should be avoided mitigate the impact? likely to use Lower through good design. Marsh and improve Sites should be identified for its viability. protection as offices of small This approach is more businesses and social enterprises? Support for small favourable to larger businesses and social developers and big Large office developments should enterprises, and more businesses. Local fund training and employment efforts to ensure local employment schemes schemes for local people, targeting people benefit have mixed success. local unemployment? through employment. There is concern at the impact of the A hotel strategy is large number of missing. hotels currently being proposed
Response from groups
• Need critical mass of local residence to stimulate local resources • Limit on hotels/balance with office • Animated ground floors of office blocks • Pepper potting with hotspots • Support for small/start-up/social enterprises artists/artisans • Footprint of office need animation be public • Preference for pepper potting residential/business • Support for/subsidy for small start-up business/artists • Want guidance on balance of hotels to offices
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• Footprint of office buildings need to be lively/public • Re. Support for training for local people to access local jobs needs to be on-going obligation no one off --- Linked also to support for start-up business + social enterprise • Support for volunteering too • Residential proportion needs support. Can feel squeezed • More focus on jobs for local people • More training support funned by developers • Money upfront to plan/train for jobs before they come on line • Preference for pepper potting rather than zoning for office + residential • More support focus on small/medium business very important for balance • Balance is not just about numbers – it is also respect e.g. residents can feel swamped by pubs + sympathetic systems + people on the street • Increase in residential needs to be mixed affordable/social • Support + space for small/medium business, they most squeezed • Not job quotas for local people but a training/support programme developers for fund + collaborate • We like pepper potting rather than zoning • Keep residential/business (no less residential) balance • Funding wanted from developers for a locally run locally focused training/support. Based in our community centre. (How about a local training centre) • Shops/Public spaces on ground level of offices. Office buildings need to be part of community interaction ---- discourage in-company dining • Interaction as well as balance important
Summary/ feedback
1. Balance not just in proportions but (but support for residential feels squeezed) also about respect/managing interaction. What to stimulate respectful interaction. 2. Guidance wanted an balance of office/hotels 3. Develops to fund training/support for local people to access local jobs A training centre? Should be an on-going not one-off obligation 4. Preference for pepper potting not zoning 5. Footprint of offices must be animated/public 6. Support for small/start-up/social enterprise Individual artists + artisans
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DESIGN, CONSERVATION, TALL BUILDINGS
Some key issues presented to conference
What we asked for… Lambeth’s draft What do you think? proposes… Design, conservation, tall buildings
Generally buildings A Building Heights Tall buildings should only be are lower than north Framework restricts permitted on or around Waterloo of the river, adding to tall buildings to new Station and restricted to 110m in the area’s ‘district landmarks’ height? distinctiveness. The 5 from 65m to 110m conservation areas (the height of existing Tall buildings should only be protect attractive local Shell tower) around permitted if they areas. Waterloo Station and new ‘town square’. 1. Provide enlivened frontages This will ensure the at the ground? Tall buildings: the station is easily 2. Genuine additional local critical issue is the identified as the focal community benefits? way tall buildings point, but could lead work at the ground to ’canyon’ along 3. Improve local pedestrian floor and the Waterloo Rd. permeability? relationship with their context. Shops, cafés and 4. Do not worsen the local enlivened frontages environmental conditions? required, although Tall buildings directly there is an emphasis 5. Do not impact badly on local on top of Waterloo on riverside areas; Conservation Areas? Station are likely to importance of have less impact microclimate and locally. shadowing recognised. Large office buildings should have shops or cafés at ground, have ‘interesting’ design, demonstrate that an improved microclimate will be achieved
Response from groups
• Waterloo good location but set back from river, keep compact cluster • Station – Dev fail end • Views from south for residents • Develop organically/context • Wind Tunnels
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• Impact greater on river • Link to transport • Shops, social, other uses at street • Inclusion/openings – not like Canary Wharf • Covered walk ways e.g. Chester, Broad gate • Viewing platforms – free • Basement potential for other uses • Link into surroundings better – can’t tell where dev ends e.g. Broadgate • Don’t want too big • Views important to character of area • Don’t NEED tall buildings • Human scale – not alienation e.g. Elephant • Contextual heights not tall • Not on river • Views from south too • Too much about status • Should be better quality design • Overlooking • Area noisy & congested – too crammed already • Public access – like Gherkin but closed o at street o viewing platform at top
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COMMUNITY FACILITIES
Some key issues presented to conference
What we asked for… Lambeth’s draft What do you think? proposes… Community facilities Facilities need to be Some All development must contribute improved, rationalised acknowledgement of to social infrastructure. and sustained in the needs, but limited partnership with the Priorities include proposals as to how Council, attracting this can be addressed. planning gain money. − A fully modern library with A new library is Priorities include a interactive music/ arts? supported, but no site fully modern library identified; Doon Street − with interactive music/ A properly funded, properly proposals could arts; a properly managed, fully used provide leisure funded, properly community centre? facilities; ways sought managed, fully used to increase access to − community centre; High quality community arts facilities by local high quality sports facilities? people. Supports a community sports ‘bank’ of community − facilities; improved Improved youth facilities? projects identified youth facilities; access locally for funding − Other? to mixed through planning gain. comprehensive Johanna school should be secondary schools in expanded to take extra pupils? A North Lambeth and Nothing mentioned site for a mixed comprehensive additional primary about additional secondary school should be school places—sites schools and/or school identified? required places The full extension of Jubilee
Parks should be Gardens is needed as a minimum improved and Parks: support for local to serve the 30% increase in local extended to agreed groups leading on people? plans and standards at improvements to parks, Jubilee Gardens, but proposes only Hatfields, and limited extension of Archbishops Park Jubilee Gardens
Response from groups
Secure long term (minimum 10 years) or ongoing funding through section 106 agreements where a percentage of profit or set amount is donated each year similar to the BALE agreement.
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Difficult to balance of use of community space between commercial and community hire.
Funding needed to refurbish community buildings.
Funding needed to cover core costs, especially staff costs.
Focus on creating one central building with a network of other community buildings providing distinct services and activities.
Priority for library needs to be bigger and draw people into Lower Marsh.
Get on with Jubilee Gardens and include car park as part of plan to become a park again. Thee only acceptable building on the site would be a café, small arts and community space and toilets.
Keep primary schools small. Build a school on bus depot site or on top of Waterloo Station.
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COMMENTS FROM VISION PLENARY SESSION:
Some key issues presented to conference
What we asked for… Lambeth’s draft What do you think? proposes… A Vision for Waterloo… Waterloo has unique The draft Vision is Waterloo’s land and buildings qualities and specific vague: "supports and currently balance 4 core functions needs. A very mixed enhances Waterloo and and communities: residential, area, with affordable the Southbank as a business, cultural, and transport. homes and expensive world-renowned All communities would benefit flats mingling with cultural destination; from improved retail, open space, central London’s supports the needs of and social infrastructure. busiest art and leisure local businesses and zone; the relationship residents; protects the Future development in the area to the river and the built heritage of should maintain this balance while great pedestrian Waterloo and its addressing these needs. experience; the surroundings …A No one function should be proximity to the City place where public and developed to the detriment of the and to Westminster private spaces are others. and the jumbled clearly distinguished coexistence of …A place that offers different architectural diversity and choice, and urban styles. with a rich mix of uses Improvements in and compatible facilities must outstrip developments that any increase in work together to create residential and worker viable places and population. We don’t respond to local and want any increase in national needs" overcrowding
Response in plenary
Tourism taking over Visitors dominate / hotels causing overcrowding; - river – south bank too busy, too popular - roads – concert walk - pathways from Waterloo station to river - pavements - public realm - 24hr visitors and hotels and attractions - 24hr licensing - 2nd home – only here Monday to Friday
Add to vision statement: Mixed and inclusive
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Students/ Education 4 land uses are to live, work, play, learn
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APPENDIX B – STATUTORY NOTICE PLACED IN SOUTH LONDON PRESS LONDON BOROUGH OF LAMBETH PUBLIC NOTICE OF DRAFT SUPPLEMENTARY PLANNING DOCUMENT
WATERLOO AREA DRAFT SUPPLEMENTARY PLANNING DOCUMENT
Notice is hereby given that Lambeth Council will be seeking views on the above draft Supplementary Planning Document (SPD) between 24 October 2008 and 5 December 2008.
The draft Waterloo Area Supplementary Planning Document sets out the Council’s planning guidance for higher density development and regeneration for Waterloo. It sets out general principles for development and brings together various transport and public realm improvement programmes. S.106 developer contributions will be pooled within the SPD area to implement the various improvements set out in the SPD. Through the SPD, Lambeth is seeking the regeneration of Waterloo by promoting investment in offices, homes and facilities and to raise the quality of the local environment.
The SPD area is identified in the Lambeth Unitary Development Plan (UDP) as the Waterloo Development Framework Area and, once adopted, the Supplementary Planning Document will be used as a material consideration when determining planning applications.
This notice is prepared in accordance with the Town and Country Planning Regulations 2004 (Regulation 17(2c)). In accordance with the Council’s Statement of Community Involvement, copies of the draft Supplementary Planning Document and supporting documents are available for inspection at the locations below for a period of 6 weeks between 24 October and 5 December 2008: • On the Council’s website www.lambeth.gov.uk/planning • At the Town Planning Advice Centre, Phoenix House, 10 Wandsworth Road, Vauxhall. • At Waterloo public library, Lower Marsh, during usual opening hours.
Your comments are welcomed and can be made by completing the questionnaire which can be obtained: • At Waterloo library • By emailing [email protected] • By telephoning 020 7926 4067 • On-line on Lambeth’s website – www.lambeth.gov.uk
Please note that representations must be received by 5pm on Friday 5 December 2008.
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Appendix C – Lambeth Council newsletter and questionnaire
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APPENDIX D - List of formal respondents to Draft Waterloo SPD – 8 December 2008
A1 – National Grid A2 – Thames Water A3 – Edmund Bird A4 – BL&R Bard Trust (Savills – Jennifer Kitson) A5 – Guy’s & St.Thomas’ NHS Foundation Trust A6 – Government Office for London A7 – P&O Estates (Metropolis) A8 – The Twentieth Century Society (Jo Moore) A9 – Lambeth Primary Care Trust A10 – Waterloo Community Coalition A11 – South Bank Employers’ Group A12 – Environment Agency A13 – English Heritage A14 – Amsprop South Bank Ltd (Montagu Evans – Elizabeth Howe) A15 – BRB Residuary Ltd (Drivers Jonas) A16 – Shell (DP9) A17 – IBM (GVA Grimley) A18 – SAVE Britain’s Heritage A19 – Victorian Society A20 – Highways Agency A21 – Metropolitan Police Authority MPA (CGMS – Alun Evans) A22 – Southbank Centre (RPS – Mandip Dhillon) A23 – CABE A24 – WCDG A25 – Minc Investment (CGMS) A26 – Grainger Plc (DP9) A27 – Network Rail (Savills) A28 – British Film Institute (Drivers Jonas – Anthony Plumbly) A29 – M Gibson – resident A30 – Bourne Capital A31 – SBEG/WCDG/CSCB/Cllr Truesdale joint paper (Waterloo SPD Group) A32 – London Borough of Southwark A33 – Westminster Society A34 – Greater London Authority A37 – Port of London Authority
Late responses A35 – CHORA (County Hall Residents Association) A36 – Westminster City Council
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APPENDIX E
SUMMARY OF RESPONSES FROM WACOCO/ WCDG SPD CONSULTATION – SEPT/OCT 2008 Lambeth Council intend to adopt Supplementary Planning Document for Waterloo in spring 2009, and published a draft for consultation this autumn. They commissioned WaCoCo and WCDG to undertake an initial consultation of local residential stakeholders to help inform the first draft, followed by a second round of consultation including a conference in October. For the second round of consultation WaCoCo published a digest of initial responses and the first draft of the SPD, with a copy sent to every household. A drop-in was held on Emma Cons Gardens on 25-26 September which made contact with over 300 residents, and 30 questionnaires were returned. A conference in early October drew a further 40 residents, who were asked to respond on six key issues: housing, shopping, public realm, offices/jobs, tall buildings, and community facilities. A draft vision was tested against these issues. This report brings together the key issues identified where there was largely general consensus. More detail is provided on the evidence sheets attached. This report should be read in conjunction with the report from spring 2008 which identified some key community aspirations.
OVERALL VISION Waterloo’s land and buildings currently balance 4 core functions and communities: residential, business, cultural, and transport.
All communities would benefit from improved retail, open space, and social infrastructure. Future development in the area should maintain this balance while addressing these needs. No one function should be developed to the detriment of the others.
This vision was developed in consultation with SBEG, CSCB, and local councillors, and then tested at the public conference in October. Some questions were raised about whether Waterloo was in balance – was there really enough residents compared to the number of commuters, visitors, and workers? The status of the large student population was also raised, and the need for uses to be mixed and inclusive as well as balanced, but overall the vision was supported.
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HOUSING Affordable/ family housing should be prioritised above other uses: Waterloo must maintain a mix of residential: mixed size units; mixed tenure; mixed costs – this requires effort on a case by case basis. ‘Affordable housing’ as defined by recent permissions in Waterloo is not delivering a mix: subsidised rented accommodation is not being delivered. Developers should work with local co-ops to provide affordable rented housing: lower rise, lower cost (rather than huge developments) have been more successful in Waterloo. Co-ops deliver higher standards! Sites identified for affordable/ family housing include Cornwall Rd bus garage site (mixed genuinely affordable housing, including sheltered) Coin Street’s South Bank area (sheltered housing for older people and other affordable) plus various smaller sites (above/around Southwark station (LBS); Cornwall club, Cornwall Rd; on top of shops in Lower Marsh and current library site; above vacant Language school – Lower Marsh/ WBR; Ethelm House.site, Cornwall Rd: Hercules Rd/ Westminster bridge Rd vacant site (Duck tours); South Bank phone exchange – Meymott St (LBS); Gray St/ Waterloo Rd (Partnership House). Around Waterloo Station is not appropriate unless major redevelopment above the station including amenity spaces There is a problem of private developers producing too many smaller units. But the apparent demand for family housing also needs to be tested: there is a problem of inadequate local facilities (schools, safe child-friendly open space, library, leisure etc) lowering demand for family accommodation. The social infrastructure will to some extent determine the demographics of Waterloo: facilities should be in place prior to increase in population. Car parking for new residents remains a problem.
SHOPPING Redevelopment of Waterloo Station must, as a priority, ensure the protection, enhancement and expansion of the district shopping centre at Lower Marsh under the station to connect with retail opportunities on York Rd and the South Bank. A supermarket in or on the edge of the shopping centre should be beneficial to the vitality and viability of the shopping centre, but beware that it becomes the anchor store, not the killer store, that it meets local needs as well as other needs, and is sited properly to capture the complex demands of locals and visitors. Sites include LM/WBR, current Sainsbury’s site extension, Cornwall Rd bus garage, in the Leake St/ WBR bonded warehouse area, and under the station in redevelopment. In Lower Marsh & The Cut district shopping centre shops need to be better protected from pressures of change of use to cafés/ restaurants; the market needs completely re-managing by an independent/ local specialist market manager; the character and charm of Lower Marsh/ The Cut as a bustling shopping centre (not simply as a Conservation Area) needs to be protected; there is concern about the (unassessed) impact of late night café/ bar culture
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STREETS & PUBLIC REALM Pavements should be made wider and there is a need for better quality street furniture, planting, and surface finishes to encourage people to send time outside and make this experience enjoyable. The use of the street spaces with the bars and restaurants that have outdoor seating spaces needs to be better balanced with the needs of pedestrians, particularly through a legible delineation of business space which can be enforced and an emphasis on making the streets pedestrian friendly. There is therefore some scepticism regarding shared surfaces. There is concern at the Waterloo needs to improve way finding and signage in the area to make it easier to navigate through the public realm. Better cycle provisions need to be made with dedicated cycle routes and lockers/ storage/ parking spaces for bikes. There are good opportunities to link green spaces with ribbon parks and planting; the area outside EV was identified as a good example of creating green spaces in planters. There was a general concern that transport planning should be careful not to overload side streets. Plans for the Waterloo Town Square were not well received, with concern about the removal of traffic and confusion about the purpose of the proposals. The junction of Waterloo Road, The Cut & Baylis Road is considered a more appropriate location for a Town Square. Rather than creating new shops at St Johns efforts should be made to strengthen the retail opportunities along Lower Marsh and The Cut. Buildings along Waterloo Road, The Cut & bounding any new Town Square should have active fronts and new developments should have public functions at ground floor level to encourage an active and animated public realm. Lower Marsh should be pedestrianised and provisions should be made to encourage pedestrian traffic from the station to Lower Marsh. There is concern at the escalating overcrowding, particularly as visitors dominate parts of the riverside which as a result are too busy and no longer pleasant; yet links away from the river are poor, adding to the problem. The 24 hour attractions such as bars and hotels can impact badly on resident amenity. Many of the non-family residential units being developed exacerbate this further when they are not used as main domiciles.
OFFICES & JOBS There is support for increased offices and jobs in Waterloo through the more efficient use of land, but there needs to be a balance with other land uses – and not simply in size/ scale but also in how it’s achieved to respect/manage a positive interaction with residents (who feel squeezed). There is a preference
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for mixing uses rather than more rigid zoning. Office development must have animated/public spaces at ground level. Firm guidance is needed to ensure the balance of offices and hotels. Measures to develop training/support for local people to access local jobs are critical. This should be through an on-going revenue obligation wherever possible. A training centre (CS Neighbourhood Centre and Living Space). There is too little emphasis on the needs of small and independent businesses: more support for small/start-up/social enterprise and individual artisans through retention and development of lower rent spaces (better use of railway arches)
DESIGN, CONSERVATION & TALL BUILDINGS There is widespread concern at the negative impact of tall buildings on the local community, but also recognition that Waterloo could be an appropriate location for tall buildings provided they are set away from the river in a compact cluster on or around Waterloo Station. With respect to tall buildings, there needs to be more consideration of the built environment context (e.g. Conservation Areas), of the impact on local views (especially from the south) and the river, and on the microclimate – the draft SPD proposes exacerbating Waterloo Rd’s problems as a wind tunnel. Tall buildings must be inclusive (not like Canary Wharf) and permeable, be linked closely to surroundings and to the public transport opportunities, provide shops and other street uses at ground, provide free access to some of the views they create (i.e. viewing platforms), and they should be efficient such as in the use of basements. There remains big questions about the need/ benefit of tall buildings (too much about status and increasing land values), and the capacity of the area – which is already noisy and congested – to accommodate their intensity. What has come forward so far has not been of sufficiently high quality design.
COMMUNITY FACILITIES All major developments must contribute to the social infrastructure, of which there is already a deficit to which development and intensification will contribute. The most common problem with community facilities in Waterloo is a lack of revenue resources to secure sustainability. Lambeth should seek s106 revenue agreements wherever possible and appropriate to mitigate on-going impact of visitor developments including hotels. A fully modern library with interactive music/ arts is a high priority, along with a high quality community sports facility, and improved youth facilities.
A further priority is a properly funded, properly managed, fully used community centre with a network of other community buildings providing
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distinct services and activities to serve the real needs of the community and the deprived and excluded communities.
Many existing community facilities are in too poor a condition to serve the community well and require urgent refurbishment. There is a need for more school places: Johanna school could be expanded to take extra pupils, or the bus garage site could accommodate a new primary school. The increasing deficiency in open space means that the full extension of Jubilee Gardens is needed as a minimum to serve the 30% increase in local people, and there is an urgency to implementing the agreed plan for the Gardens. Therefore the entire Hungerford Car Park site is required for the extension, and the only acceptable building on the site would be ancillary café, small arts and community space and toilets
MAJOR DEVELOPMENT OPPORTUNITIES Cornwall Rd Bus Garage site: mixed use for this large town centre site; housing should be mixed including rented affordable and sheltered; good site for a supermarket and/or a library. Jubilee Gardens/ Hungerford Car Park: Waterloo has a deficiency of open space: the HCP is the only site capable of providing a meaningful addition to connect up with Waterloo’s second largest open space; the BFI don’t need a river view – should be underground Union Jack Club/ 3i’s/ Mercury House: better frontage onto Waterloo Rd required – shops; better microclimate required! Waterloo City Square: there is confusion and scepticism about the purpose of this project, but also support for its general aspiration. The project should include and link up with Emma Cons Gardens and Millennium Green, which are the community’s heart of the area
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APPENDIX F - WACOCO QUESTIONNAIRE SEPTEMBER/OCTOBER 2008 – TABLE OF RESULTS
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This page is intentionally left blank Page 195 Agenda Item 7
Appendix 1
Extracts from Council Constitution 2012-13 (Parts 1 and 3)
Scrutiny:
Part 1
9 – Scrutiny
9.1 Introduction Scrutiny is how non-decision-making councillors (‘backbenchers’) hold decision-makers to account and investigate the provision of Council and other public services in Lambeth. They do this by making reports and recommendations to the relevant decision-makers. Backbenchers from all of the political groups in the Council work together in Scrutiny committees to undertake the following roles: (i) Monitor, question and investigate the performance of the Cabinet, senior officers and Council services; (ii) Develop and review policy; (iii) Hold the Cabinet and officers making delegated decisions to account in public; and (iv) Scrutinise the work and impact of our partners on the local community
In a cooperative borough scrutiny is a key mechanism for enabling councillors to represent the views of their constituents and other organisations to the Council, its partners and commissioned providers. Effective scrutiny enhances accountability, ensures transparency of decision- making and acts as a ‘check and balance’ to decision-makers.
9.2 Scrutiny committee and commission arrangements The Council will appoint an Overview and Scrutiny Committee of ten councillors which will include the chairs of all Scrutiny sub-committees. The Overview and Scrutiny Committee will appoint five Scrutiny sub-committees of five councillors as follows to discharge the statutory functions: (i) Children and Young People’s Service Scrutiny Sub-Committee (ii) Environment and Community Safety Scrutiny Sub-Committee (iii) Finance Scrutiny Sub-Committee (iv) Health and Adult Services Scrutiny Sub-Committee (v) Housing Scrutiny Sub-Committee
In addition, scrutiny committees may appoint ‘commissions’ to undertake more detailed investigations. Page 196
Four education representatives are entitled to sit on the sub-committee concerning education and also on the Overview and Scrutiny Committee (though they may only vote on education matters) The Chair of the Overview and Scrutiny Committee will be nominated by the main opposition party on the Council and all committee and sub-committee memberships will reflect the political balance on the Council.
9.3 General role 1. To review and/or scrutinise decisions made, or other action taken, in connection with the discharge of any of the Authority's functions 2. To summons any member of the Cabinet, the Chief Executive and/or any officer taking delegated decisions to attend before it to explain any particular decision, the extent to which the actions taken implement Council policy and/or their performance 3. To exercise the right to call-in, for reconsideration, decisions made but not yet implemented by the Cabinet including those key decisions delegated to officers. 4. To consider any matter affecting the borough or those who live or work in Lambeth 5. To make reports and/or recommendations to the full Council, the Cabinet or the Council’s partners in connection with the discharge of any functions affecting the area or those who live, work or study in Lambeth 6. Having regard to the instructions of Overview and Scrutiny Committee, to assist the Council in the setting of the budget by: • Considering and commenting on the strategic priorities for the forthcoming financial year. • Monitoring the setting of the budget to ensure that it reflects those priorities, once they are agreed. 7. Consider matters referred to the committee under the Councillor Call for Action.
Part 3:
Section 5 – Scrutiny Procedure Rules
1. Terms of reference and arrangements for scrutiny committees and commissions
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detailed pieces of work. Scrutiny committees may also be appointed for a fixed period, on the expiry of which they shall cease to exist.
Committee Specific scope Cabinet portfolio, council department and partner Overview & See also Paragraph 2 below Leader, Scrutiny • The council’s; partnerships; external relations Deputy Leader, including the Government, GLA and other local CM Equalities and authorities; Communities, • The borough’s growth and regeneration agenda , CM Housing & specifically leading on Vauxhall and Waterloo. Regeneration, • The cooperative council transformation; and CM Finance & ensuring community innovation and resilience is Resources delivered. • Council communications. Office of the Chief • Economic development, business, jobs, skills Executive and employment and local economic recovery. Planning, • Emergency planning Regeneration and • Strategic transport, planning policy and Enterprise (HRE) regeneration including building control . Lambeth First • Equality impact assessments; developing innovative ways of communicating with new communities, faith groups • Community Leadership network • Democratic services; • Facilities management; human resources; trade union relation s; • Welfare reform mitigation
Children and The provision, planning and management of CM Children and Young children and young people’s services – including Families People’s education, learning and schools; youth services; CYPS dept Service early years; education capital estate; children’s Children’s Trust Scrutiny Sub- social care; safeguarding children; children with Committee learning disabilities; children in care; troubled families; family interventions. Page 198
Environment • Environmental services including street and road CM Environment & and care and repair; refuse and waste collection; Sustainability; Community public realm; recycling & parking. CM Equalities & Safety • Energy, food and sustainability; cycling and road Communities; Scrutiny Sub- safety CM Safer Committee • Community hubs Neighbourhoods; CM • Public protection model which involves Culture and Leisure community safety agenda including policing, domestic violence; drugs & alcohol; licensing; Culture and Young & Safe; violent crime and trading Communities (ACS) standards; customer access and service Public Realm (HRE) standards • Cooperative model for better neighbourhoods Safer Lambeth through innovative communications and through Partnership the Neighbourhood Enhancement programme • Parks and green space; to deliver key projects including new leisure centres at Norwood and Streatham; and to ensure the delivery of our cooperative approach for libraries • Relations with key cultural partners including the South Bank • Decisions made, or other action taken, in connection with the discharge by the members of the Safer Lambeth Partnership of their crime and disorder functions and to make reports or recommendations to the Safer Lambeth Partnership or its constituent partners (the ‘responsible authorities’) in respect of those functions
Finance To oversee the Council’s resource management, CM Finance and Scrutiny Sub- both revenue and capital, the management of its Resources Committee budget, capital, revenue, borrowing and assets, and its audit arrangements. Finance and Resources dept Valuation and Asset Management Services (HRE) Page 199
Health and • The planning, provision and operation of CM Health and Adult health and related services in Lambeth (and Wellbeing Services any substantial variation therein) and Scrutiny consideration of the health and well being of ACS dept (excl. Sub- the local population. Culture and Committee • Public health; adult care services; adults with Communities) learning disabilities; older people’s services; residential care; carers; voluntary sector; Health and disabilities; mental health; people with or Wellbeing Board affected by HIV or AIDS; supporting people (shadow) services; street homelessness/ rough Lambeth Clinical sleeping support services; careline; sheltered Commissioning housing support; relations with key health Group partners including hospital trusts and NHS LINk Lambeth. • To review and scrutinise matters relating to the health service in the Lambeth area and to make reports and recommendations in respect of those matters.
Housing • Housing management including relations CM Housing & Scrutiny with Lambeth Living, URH and TMOs; HRA; Regeneration Sub- rent and service charges; tenants’ and Committee leaseholder engagement; housing HRE (excl. management services including RSLs and Public Realm private sector. and Planning • Strategic housing including housing supply Regeneration and physical housing development; strategic and Enterprise) partnerships with RSLs and private sector; housing strategy including allocations policy; homelessness;
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Part 2 – Responsibility for Functions
Table of Contents Page
Section 1 – Council and Committees 44
Section 2 – Executive Functions 55
Section 3 – Local Choice Functions 71
Section 4 – Scheme of Delegation and Financial Regulations 73
Section 5 – Joint Arrangements 131
Local Authorities (Functions and Responsibilities) (England) Regulations 2000 as amended (the “Functions Regulations”) give effect to section 13 of the Government Act 2000 by specifying which functions are not to be the responsibility of the Cabinet, which may (but need not) be the responsibility of the Cabinet (the ‘local choice functions’) and which are to some extent the responsibility of the Cabinet. All other functions not so specified are to be the responsibility of the Cabinet. The Cabinet arrangements contained in the Constitution show how these distinctions are given effect.
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Section 1 – Council and Committees
This section sets out functions which are not the responsibility of the Cabinet. The functions which must be discharged by the full Council are set out in the Introduction.
A. Functions relating to town and country planning and development control.
This section covers all the functions set out in Part A, Schedule 1 to the Functions Regulations. Functions to be undertaken by the Planning Applications Committees are set out below. Please see officer delegated powers for functions to be undertaken by officers set out later in this Part of the Constitution. Planning Applications Committee Terms of reference To exercise the functions, powers and duties of the Council in relation to planning and development control matters. Applications to be determined by the Planning Applications Committee: (1) Applications which are recommended for approval where the application falls within one of the following: (I) The provision of dwelling houses where - (n)The number of dwelling houses to be provided is 10 or more; or (o)The development is to be carried out on a site having an area of 0.5 hectare or more.
(xii) The provision of a building or buildings where the floor space to be created including changes of use, by the development is 1,000 square metres or more; or (xiii) Development carried out on a site having an area of 1 hectare or more.
(2) Applications which are recommended for approval where an objection to the current proposal has been received which is based on material planning grounds, other than those applications where, in the opinion of the Divisional Director Planning or the Head of Development Control: (I) The objection can be overcome by the imposition of an appropriate condition, and/or (ii) Where the application clearly complies with the relevant planning policies in which case the decision may be taken by officers.
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(3) Applications which the Divisional Director Planning or the Head of Development Control wishes to refer to the committee. (4) Any application where a specific written request is made by any Member of the Council for the case to be reported to the Committee. (5) Applications made by the Council for development of land in its ownership that the Council intends to dispose to a third party. (6) Applications which have been submitted by or on behalf of a Member of the Council (or by their spouse or partner) or by a member of the Council’s staff (or by their spouse or partner). (7) Applications for the total or substantial demolition of a listed building. (8) Applications recommended for approval where it is proposed to grant permission for a change of use to Class A3 as defined by the Town and Country Planning (Use Classes) Order 1987. (9) Applications which are recommended for approval where it is proposed to grant permission for a proposal which is a significant departure from the policies of the Council's UDP. (10) To authorise, release or modify agreements and undertakings under Section 106 of the Town and Country Planning Act 1990, Section 16 of the GLC (General Powers) Act 1974, Section 278 of the Highways Act 1980 and Section 33 of the Local Government Act 1972 which in the opinion of the Divisional Director (Planning) or the Head of Development Control relate to developments which come within paragraph 1 above. Constitution Seven members.
B. Licensing and registration functions This section covers all the functions set out in Part B, Schedule 1 to the Functions Regulations. Functions to be undertaken by the Licensing Committee are set out below. Please see officer delegated powers for functions to be undertaken by officers set out later in this Part of the Constitution. The Licensing Sub-Committee of the Licensing Committee will determine and review applications made under the Licensing Act 2003. The Council’s Licensing Policy (to which the Council must have regard when discharging its licensing functions) was published in January 2011. The Council’s Gambling Policy (to which the Council must have regard when discharging its gambling functions) was published in January 2010. Licensing Committee Terms of reference
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(1) To establish a sub committee(s) to determine and review applications as required by the Licensing Act 2003, the Gambling Act 2005 and any other licensing functions as required. (2) To exercise the functions, powers and duties of the Council in relation to all licensing matters, as required by statute.
(3) Applications to be determined by the Licensing Committee, unless otherwise determined by a licensing sub committee or by an officer acting under delegated powers (“applications” includes new applications, renewals, transfers, variations, or reviews): (a) Applications that in the opinion of an officer, who has been given delegated authority, should be referred to the Committee.
(b) Applications made by or on behalf of officers or councillors of the Council or their spouse/partner or relative. Constitution 10 members. Licensing Sub-Committee (1) As established under the Licensing Act 2003 Section 9 and accompanying regulations to consider and review any applications. (2) To consider representations from street traders against the refusal or revocation of a licence in cases where the licensee/applicant has rejected the alternative option of referral to an officer panel. (3) To consider any other licensing functions as delegated by the Licensing Committee. Constitution Three members drawn from Licensing Committee; party allocation to be determined on each occasion.
C. Functions relating to health & safety at work, elections, staff and pensions This section covers all the functions set out in Parts C, D, H & I Schedule 1 to the Functions Regulations. Functions which the Council has determined should be undertaken by the Corporate Committee are set out below. Please see officer delegated powers for functions undertaken by officers set out later in this Part of the Constitution. All other functions listed in Part I of schedule I to the Functions Regulations are reserved to full Council and are set out in the Introduction.
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Corporate Committee Terms of reference (1) Subject to the exclusion of any non-executive matter which is required by statute to be considered by the full Council, to determine any matter which has been specifically referred to the Committee for consideration.
(2) To approve the Council Tax base on behalf of the Council.
(3) To consider and subsequently approve the Council's statement of accounts and to consider any reports produced by the Executive Director of Finance & Resources in accordance with the duty to make arrangements for the proper administration of the Council's financial affairs, but not in respect of the formulation of a plan or strategy which is a function of the Cabinet (and subject to final approval by the Council) or detailed operational matters which are within the purview of the Cabinet.
(4) Subject to the Council's Scheme of Delegation to officers, to discharge the Council's functions in relation to the Local Government Pension Scheme including, but not limited, to the management of the Council's superannuation fund investments and the establishment of a Pension Fund Investment Panel, and consideration of a report from the Executive Director of Finance and Resources at least yearly on the administration of the scheme. The report must be considered in advance of the budget setting for the year in which any prospective aspects of the report (such as revised contribution rates) would take effect.
(5) Subject to the Council's Scheme of Delegation to officers, to discharge the Council's functions in relation to health and safety at work, to the extent that those functions are discharged otherwise than in the Council's capacity as an employer.
(6) Subject to the Council's Scheme of Delegation to officers, to discharge the Council's functions in relation to elections.
(7) Subject to the Council's Scheme of Delegation to officers, to consider all personnel-related issues which are not within the terms of reference of any other committee or otherwise reserved to Council including the appointment of an independent person to undertake investigations as required into allegations of misconduct against the Chief Executive, Monitoring Officer or Executive Director of Finance & Resources.
(8) To consider any adverse report issued by the Local Government Ombudsman pursuant to section 31A, Local Government Act 1974, which includes a finding that injustice has been caused to a person aggrieved in consequence of maladministration, together with the action taken by the Council in response (including any compensation payments made). ( Note : if it proposed not to take one or more of the actions recommended by the
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Local Government Ombudsman in an adverse report, consideration of the report is reserved to full Council by law).
(9) To exercise the functions, powers and duties of the Council as Trustee of Trusts including the Beaufoy Trust. To exercise the functions, powers and duties of the Council as Trustee of all other trusts for which the Council is corporate trustee except insofar as those functions have been delegated to Executive Directors of the Council.
(10) To consider nominations for Freedom of the Borough, these in accordance with the agreed criteria, and make recommendation to the Council if it is considered that the honour should be made.
(11) The functions of the Council under the Rush Common Act 1806, and the determination of applications for consent under the Rush Common Act 1806 other than applications for which no objections have been received that the Divisional Director (Planning) considers should be approved.
(12) To consider and approve the naming of local streets and buildings in all cases where there are unresolved objections.
(13) To make an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption (under Section 13(2) of the Criminal Justice and Police Act 2001).
(14) To maintain an overview of the Council's Constitution (insofar as it relates to the discharge of non-executive functions) and Financial Regulations and to consider related reports from the Monitoring Officer and/or Executive Director of Finance & Resources and to make appropriate recommendations to Council in relation thereto.
(15) Any issue which in the professional opinion of the Chief Executive, or Executive Directors should be referred to the Committee.
(16) Any matter which has been referred by the Council or from another committee for determination.
(17) The setting up of sub-committees and panels and the setting of their terms of reference.
(18) All other matters which are non-Cabinet functions and which are not otherwise reserved to Council are not within the terms of reference of any other committee and which are not delegated to officers.
Audit Functions (19) To oversee and/or discharge on behalf of the Council the requirements of the updated Accounts and Audit Regulations 2011, which require the Council to ‘undertake an adequate and effective internal audit of its accounting records and of its system of internal control in accordance with
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the proper practices in relation to internal control’. These audit functions include the following (terms of reference items 21 – 34).
(20) To consider the Chief Internal Auditor’s annual report and opinion, and a summary of internal audit and counter fraud activity (actual and proposed) and the level of assurance it can give over the Council’s corporate governance arrangements.
(21) To consider summaries of specific reports of internal audit, investigations and external audit reports, in particular those with an “inadequate” audit assurance assessment.
(22) To consider reports dealing with the management and performance of the providers of internal audit services.
(23) To consider a report from the internal audit on agreed recommendations not implemented within a reasonable timescale.
(24) To consider the external auditor’s annual letter (in conjunction with the Cabinet), related reports and such other reports as may be agreed with the external auditor.
(25) To comment on the scope and depth of external audit work and to ensure that it provides value for money.
(26) Following such liaison with the Audit Commission as necessary, to approve the appointment of the Council’s external auditor.
(27) To consider and receive reports from the Finance Strategy Board and to commission such work from both internal and external audit as may be required.
(28) To monitor the effective development and operation of risk management and corporate governance in the Council.
(29) To monitor Council policies on ‘Raising Concerns at Work’/Whistle- blowing’ (in conjunction with Standards Committee), the anti-fraud and anti-corruption strategy and the Council’s complaints process.
(30) To consider and approve the Council’s Annual Governance Statement, including the review of the effectiveness of the assurance framework and, in particular, internal audit.
(31) To consider the Council’s arrangements for corporate governance and agreeing necessary actions to ensure compliance with best practice and with the Council’s own and other published standards and protocols.
(32) To review the draft annual statement of accounts prior to its audit. Specifically, to consider whether appropriate accounting policies have been followed and whether there are concerns arising from the financial
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statements or from the audit that need to be brought to the attention of the Council. Later to consider the external auditor’s report to those charged with governance on issues arising from the audit of the accounts, and then to formally approve the audited annual statement of accounts.
(33) To approve, for submission to Council, an annual report of the activities of the Committee in discharging its various audit functions.
Pursuant to its audit and anti-fraud responsibilities, to maintain an overview of the Council’s compliance with the requirements of the Regulation of Investigatory Powers Act 2000 and the Bribery Act 2010.
Constitution Five councillors, plus up to two non-voting co-opted members. The Committee Chair must not be a Cabinet Member. Pension Fund Investment Panel Terms of reference (i) Determining the overall investment strategy in accordance with the Local Government Pension Scheme Regulations and subject to approval by the Corporate Committee, ensuring that the Fund is invested in suitable types of investments and sufficiently diversified having regard to its investment objectives. (ii) Determining the Statement of Investment Principles, subject to approval by the Corporate Committee and modification as appropriate. (iii) Ensuring adequate monitoring and compliance with the overall investment strategy and the Statement of Investment Principles. (iv) To make recommendations to Corporate Committee with regard to the appointment of investment managers and any external service providers and advisors felt to be necessary. Maintaining effective arrangements for reviewing on a regular basis investment manager performance against established benchmarks and being satisfied as to manager expertise and the quality of their internal systems Constitution Five councillors (plus three substitutes), plus co-opted Members: Representatives from the following groups will be co-opted onto the Panel;
One Trades Union Representative; Two representatives of Pensioners of the Fund; Two representatives from members of Staff of the London Borough of Lambeth, who are members of the Fund.
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Appointments Committee Terms of Reference (1) To recommend to Council the appointment of the Chief Executive.
(2) To make the appointment of other Chief Officers set out in the Introduction.
(3) Should the Chief Executive (in consultation with such members as s/he deems necessary) so determine in any individual case, to make the appointment of the Deputy Chief Officers set out in Paragraph 4 of the Officer Employment Procedure Rules (which are set out in Part 3 of this Constitution).
(4) To appoint a standing Appointments Sub-Committee to normally undertake the above tasks.
Note With the exception of arrangements for the appointment of an Interim Chief Executive, all other interim appointments are to be conducted in accordance with the Council’s policy on Acting Arrangements. The usual practice of the Appointments Committee is to establish a standing Sub- Committee to deal with all appointments on its behalf (see below). Constitution Five members which must include at least one member of the Cabinet. For the avoidance of doubt, a meeting of the Appointments Committee shall not be regarded as inquorate solely because of the absence of the nominated Cabinet member. Appointments Sub-Committee
Terms of Reference (1) To recommend to Council the appointment of the Chief Executive.
(2) To make the appointment of other Chief Officers set out in the Introduction.
(3) Should the Chief Executive (in consultation with such members as s/he deems necessary) so determines in any individual case, to make the appointment of the Deputy Chief Officers set out in Paragraph 4 of the Officer Employment Procedure Rules (which are set out in Part 3 of this Constitution).
Note With the exception of arrangements for the appointment of an Interim Chief Executive, all other interim appointments are to be conducted in accordance with the Council’s policy on Acting Arrangements. Part 2 – Responsibility for Functions – Section 1 Council and Committees 51 Lambeth Council’s Constitution 2012-13 Page 210
The appointment activity to be carried out by the Sub-Committee will be to shortlist, interview, and appoint candidates (subject to the above terms of reference). On occasions, more than one standing sub-committee may be in operation at any one time. Constitution Five members which must include at least one member of the Cabinet. For the avoidance of doubt, a meeting of the Appointments Sub-Committee shall not be regarded as inquorate solely because of the absence of the nominated Cabinet member. Investigating Committee Terms of Reference (1) To hear disciplinary cases involving charges of misconduct or incapability against Chief Officers, other than the Chief Executive, Director of Governance and Democracy (Monitoring Officer) and the Executive Director of Finance & Resources.
(2) To make recommendations to Council regarding the dismissal or other appropriate sanction to be taken against Chief Officers other than the Chief Executive, Director of Governance and Democracy (Monitoring Officer) and the Executive Director of Finance & Resources following a disciplinary or capability hearing in accordance with the terms and conditions of employment for Chief Officers of Local Authorities.
(3) To conduct a preliminary investigation into allegations of misconduct in order to determine whether disciplinary charges should be brought against the Chief Executive, Director of Governance and Democracy (Monitoring Officer) or the Executive Director of Finance & Resources.
(4) To conduct a preliminary investigation into allegations of incapability against the Chief Executive, Director of Governance and Democracy (Monitoring Officer) and the Executive Director of Finance & Resources.
(5) To appoint a designated independent person to investigate any charges brought under (iii) or to investigate any unresolved capability issues following an investigation under (iv) above.
Note All investigations to be conducted in accordance with the relevant Chief Officer's terms and conditions of employment. This Committee will be formally appointed by the Council if and when required. Constitution Three members which must include at least one member of the Cabinet.
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D. Standards Committee Terms of Reference
(1) To promote and maintain high standards of conduct by councillors, co-opted members and church and parent governor representatives.
(2) To assist the councillors, co-opted members and church and parent governor representatives to observe the Members’ Code of Conduct and associated local protocols.
(3) To advise the Council on the adoption or revision of the Members’ Code of Conduct and associated local protocols.
(4) To monitor and review the operation of the Members’ Code of Conduct and associated local protocols.
(5) To develop for recommendation to the Council local protocols to supplement the Members’ Code of Conduct.
(6) To enforce local protocols and applying sanctions in respect of breaches as appropriate.
(7) To advise, train or arrange to train councillors, co-opted members and church and parent governor representatives on matters relating to the Members’ Code of Conduct and associated local protocols.
(8) To keep under review, amend and make additional provisions to the Protocol on Member/Officer relations.
(9) To monitor the officers’ Code of Conduct to ensure consistent application and enforcement Council-wide.
(10) To monitor council policies on ‘Raising Concerns at Work’/Whistle-blowing’ in conjunction with Corporate Committee.
(11) To maintain a general overview of probity matters arising from Ombudsman reports, Monitoring Officer reports and Audit Commission reports.
(12) To approve, for submission to Council, an annual report of the activities of the Committee in discharging its various functions.
(13) To discharge all of the functions in the Localism Act 2011 (Part 1, Chapter 7, Standards) and all regulations made thereunder that may be discharged by standards committees and to appoint such sub-committees as may be required to discharge such functions as may be delegated by the Standards Committee.
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(14) To discharge all functions relating to the determination of allegations that a member has failed, or may have failed, to comply with the Council's Code of Conduct for Members including, but not limited to, the appointment of sub-committees to discharge such functions on its behalf.
(15) To be responsible for the overview of the Members Allowance Scheme and review the potential scheme at least once annually before the scheme for the following year is approved by Council.
Constitution
Five elected members (three Labour, one Liberal Democrat and one Conservative), plus five non-voting co-opted members. Notes:
Co-optee attendance is not applied when calculating the quorum. The rules on proportionality do not apply.
Standards (Hearings) Sub-Committee
In the event that a hearing of the Standards Committee is required, to hear and determine any allegation that a member or co-opted member of the Council has failed, or may have failed, to comply with the Council’s Code of Conduct. Constitution
Three councillors (one from each political group).
Note:
Standards Committee (15.05.12) agreed that the rules on proportionality do not apply.
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Section 2 – Executive Functions The Council has decided that individual Cabinet Members will not hold individual decision-making powers; the individual portfolios of Cabinet Members are listed in the Cabinet Procedure Rules. If any powers are subsequently delegated to individual Cabinet Members, these will be listed here. The following bodies are established to deal with specific Cabinet functions:
Cabinet Terms of reference: 1. To discharge all the functions of the authority except: (a) those matters which are required by law to be discharged by the full Council, and (b) all 'local choice' functions set out in Part 2 of the authority's Constitution which the Council decides should be undertaken by itself rather than the Cabinet.
2. To implement the Council’s policies and spending in accordance with the policy framework and budget.
3. To make recommendations on major policy and resource matters to Council for decision, and ensure that full and proper consultation occurs on all such proposals.
4. To give political direction and guidance to and monitor the performance of the Cabinet part of the Council.
5. To provide political accountability for the Council’s performance to the Council and the Overview & Scrutiny Committee.
6. To foster and improve the Council’s performance as a partner with other stakeholders.
Constitution The Leader of the Council, Deputy Leader of the Council and the eight other Cabinet portfolio holders. Asset Management Cabinet Advisory Panel
Terms of Reference: A Status The Asset Management Cabinet Advisory Panel is constituted under the Cabinet Procedure Rule 1.3 of the Constitution. The Asset Management Cabinet Advisory Panel will operate in accordance with the arrangements as set out in the Constitution, Part 2, Section 2. Operating as any panel, the
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Panel does not need to be politically balanced or made up of only Cabinet members.
The Panel has no formal decision-making powers. It may include any member of the Council (such as Deputy Cabinet Members or Champions), officers, stakeholders, etc and may call on these individuals to give evidence as required by the Chair. Its core membership is set out below. However, there is no requirement for Panel meetings to be open to the public or for any related reports or minutes to be made available to other councillors or to the public. Further, and accordingly, the provisions of the Access to Information Procedure Rules and of the Cabinet Procedure Rules (Part 3 of the Council’s Constitution) shall not apply unless expressly indicated to the contrary.
B Governance context The Asset Management Cabinet Advisory Panel is accountable to Cabinet. The Panel operates within the Council’s wider corporate governance framework.
C Purpose The Asset Management Cabinet Advisory Panel will be advisory on the following issues, with recommendations being made to officers and/or Cabinet as necessary:
The formulation and delivery of the Capital Investment Programme The formulation of the Capital Investment Pipeline Which projects should be prioritised for movement from the Capital Investment Pipeline to the Capital Investment Programme The formulation and delivery of the Disposals Programme Asset management policy
D Constitution The constitution and membership is:
Cabinet Member for Finance and Resources (Chair) Deputy Leader of the Council Cabinet Member for Neighbourhood Services Cabinet Member for Regeneration and Strategic Housing
Other Cabinet members may attend from time to time. The Chair may invite other Councillors and individuals external to the Council to attend on occasion. The Executive Director of Finance and Resources will be the lead officer, and will determine which officers will attend each particular meeting and should prepare reports and respond to issues raised.
E Working arrangements
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Meetings will be held about every two months in accordance with a timetable drawn up by the Executive Director of Finance and Resources and will not be open to the press and public. The Panel will be serviced by Governance and Democracy. Reports will be commissioned by the Executive Director of Finance and Resources. In order to allow proper preparation for the meetings, three clear days notice will be given by the Executive Director of Finance and Resources of the agenda and supporting reports. All reports (including appendices) must reach the Executive Director of Finance and Resources not later than 5pm four clear days before the meeting. If this is not possible on any particular occasion, the Chair will determine whether the issue should be accepted for the agenda or deferred for the next meeting. Notice of the meeting will be sent to all Cabinet members.
The Executive Director of Finance and Resources will determine which officers need to attend each particular meeting, but this will normally be representatives of:
Executive Director of Housing, Regeneration & Environment Executive Director of Finance & Resources
The above officers will be required to write and contribute to reports for the Panel. Standard agenda items are:
Minutes of the previous meeting Declarations of interest Reports submitted by the Executive Director of Finance and Resources
The quorum will be three members. In the absence of the Chair, or at the request of the Chair if present, the meeting shall be chaired by another Cabinet member elected by the meeting. The Chair will decide all matters of order, competence, relevancy and interpretation of Procedure Rules, and their decision at the meeting is final.
The Asset Management Cabinet Advisory Panel will endeavour to give direction by consensus, but by a show of hands if necessary.
Planning and Development Cabinet Advisory Panel Terms of Reference: 1. Status The Planning and Development Cabinet Advisory Panel is constituted under the Cabinet Procedure Rule 1.3 of the Constitution. Operating as any panel, the Panel does not need to be politically balanced or made up of only Cabinet members.
The Panel has no formal decision-making powers and may include any member of the Council (such as Deputy Cabinet Members or Champions), officers, stakeholders, etc. Its core membership is set out below. There is no requirement
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for Panel meetings to be open to the public or for any related reports or minutes to be made available to other councillors or to the public. Further, and accordingly, the provisions of the Access to Information Procedure Rules and of the Cabinet Procedure Rules (Part 3 of the Council’s Constitution) shall not apply unless expressly indicated to the contrary.
Meetings of the Cabinet Advisory Panel will be held in private in order to enable early collective discussions on a wide range of options and issues (within the identified scope of responsibilities).
2. Governance context
The Planning and Development Cabinet Advisory Panel is accountable to Cabinet. The Panel operates within the Council’s wider corporate governance framework.
3. Purpose
The Planning and Development Cabinet Advisory Panel will be advisory on issues and documents produced in relation to development plan and other associated planning issues. It will not be open to the public so as to enable full and open discussion of issues and options.
4. Constitution
Seven members: Cabinet Member for Regeneration and Strategic Planning (Chair) Chair Planning Applications Committee Vice-Chair Planning Applications Committee Two other administration councillors One majority opposition councillor One minority opposition councillor Other Cabinet members will attend from time to time. The Chair may invite other Councillors and individuals external to the Council to attend on occasion.
5. Working Arrangements
Meetings will be held as required in accordance with a timetable drawn up by Governance and Democracy, and will not be open to the press and public. The Panel will be serviced by Governance and Democracy.
In order to allow proper preparation for the meetings, three clear days notice will be given by Governance and Democracy of the agenda and supporting reports. All reports (including appendices) must reach Governance and Democracy not later than 5pm four clear days before the meeting. If this is not possible on any particular occasion, the Chair will determine whether the issue should be accepted for the agenda or deferred for the next meeting. Notice of the meeting will be sent to all Cabinet members.
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Standard agenda items are: Minutes of the previous meeting Declarations of interest Reports submitted by the Executive Director, Housing, Regeneration and Environment, any other member of the Strategic Leadership Board, or the nominated lead officer (Divisional Director, Planning, Regeneration and Enterprise).
The quorum will be any three members. In the absence of the Chair, or at the request of the Chair if present, the meeting shall be chaired by another Cabinet member elected by the meeting. The Chair will decide all matters of order, competence, relevancy and interpretation of Procedure Rules, and their decision at the meeting is final.
The Panel will endeavour to give direction by consensus, but by a show of hands if necessary.
Corporate Parenting Board 1. Definition
The Corporate Parenting Board acts to assist the Council in continuing to fulfil its legal obligations and responsibilities towards children looked after (CLA) and leaving care, under the Children Act 1989 and Children (Leaving Care) Act 2000. 2. Scope
This forum has a responsibility to monitor and review the quality and effectiveness of services for children looked after delivered by Corporate Parents; the council, partner agencies and commissioned services; to ensure that every child and young person looked after is supported to be safe, happy, healthy and to achieve their full potential. In addition, it has a key role in listening to the voice of children and young people looked after and leaving care. The membership and involvement of young people from Lambeth’s Children in Care Council (CiCC) is a crucial element of the CPB to ensure young people looked after meet directly with key decision-makers and influence the priorities, decisions and service developments. 3. Objectives
To oversee the implementation of the Lambeth Council Corporate Parenting Strategy and Action Plan and monitor the quality and effectiveness of services to ensure they fulfil the council’s responsibilities and achieve good outcomes for CLA.
To monitor and evaluate progress of relevant legislation and government guidance and its implementation in Lambeth to ensure services are responsive to the needs of CLA in line with the national Every Child Matters’ agenda.
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To monitor and review the quality and effectiveness of services across the council, partner agencies and commissioned services to achieve continuing improvements in outcomes for looked after children and care leavers.
To ensure that the voice and opinions of as wide a range as possible of children looked after and care leavers are heard and that their views are used to shape policy and monitor performance.
To directly receive the views of children and young people looked after and leaving care via the Children in Care Council mechanisms and annual consultation to ensure their views and experiences directly influence decisions made at this level.
To receive reports on all aspects of children looked after and care leaver’s welfare as required from the local authority and partner agencies in sufficient detail to enable it to undertake its strategic responsibilities for planning, monitoring and evaluation.
To monitor the performance of the Council by receiving progress reports on the key performance indicators relating to children looked after and care leavers.
To monitor Lambeth’s whole authority commitment to joint-working arrangements between council departments and partner agencies and examine ways in which holistic, integrated and cross-cutting practice can be further embedded and priorities and objectives agreed.
To maintain a strategic overview on the developmental of all new policies, procedures and initiatives to ensure these are in line with local and national priorities and objectives including the Corporate Parenting Strategy; and that they will effectively meet the needs of children looked after.
To make recommendations to decision makers in Lambeth Council and its strategic partners as it deems appropriate to fulfil its Corporate Parenting duty.
To consider recommendations from internal and external inspections and reviews, for example Ofsted inspection, to agree the actions needed to address any issues identified and to evaluate the implementation of any plan agreed.
4. Constitution:
The Board is chaired by the lead member for children and young people. Membership comprises councillors, service users and senior managers who hold responsibilities for the well-being of children looked after.
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This body is serviced administratively by Governance and Democracy and supported by the Corporate Parenting Team. Detailed operating procedures are set out in Part 3, Section 7 of this Constitution.
Lambeth Safeguarding Children Board (LSCB)
1. Definition
Lambeth Safeguarding Children Board (LSCB) is the key statutory mechanism for agreeing how the relevant organisations in Lambeth will co-operate to safeguard and promote the welfare of children in the area and for ensuring the effectiveness of what they do.
The work of the LSCB fits within the wider context of children’s trust arrangement to improve the overall wellbeing of children in the locality.
2. Objectives
The Board’s core objectives are as set out in section 14(1) of the Children Act 2004 as follows:
a) to co-ordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in Lambeth, and b) to ensure the effectiveness of what is done by each such person or body for that purpose
3. Scope
The LSCB has a broad scope which includes safeguarding and promoting the welfare of children in three broad areas of activity:
1. Responsive Safeguarding - responsive work, to protect children who are suffering, or at risk of suffering significant harm.
2. Targeted Safeguarding – targeting work, resources and policies on keeping particular groups of children who are more at risk of harm safe.
3. Universal safeguarding – working to keep all children safe and create a safe environment for children.
The focus of the Lambeth Safeguarding Children’s Board is to focus on its core business responsive safeguarding until it is satisfied that the work of the responsive safeguarding is established.
4. Functions/Objectives
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The following objectives (based on the government guidelines) are the responsibility of the Board and will be met through it or through the work of the sub--committees or the Executive Committee (The senior Leadership group of key Executive Directors across the Safeguarding agencies):
London Child Protection Procedures To ensure that all agencies that work with children and young people work together effectively in compliance with government guidance, the London Child Protection Procedures and local protocols
Local Protocols To develop and agree local protocols on key issues of concern, e.g. child prostitution, domestic violence, private fostering, joint investigation,
Thresholds Setting and promoting a common understanding of thresholds,
Recruitment Ensuring that all agencies adhere to national guidance on recruitment and supervision of persons working with children
Training Organise and deliver multi-agency training on safeguarding and promoting welfare to meet local need. Audit the relevance and quality of single agencies training provision
The Community Promote the understanding and involvement of the local community in the safeguarding agenda: “Safeguarding is everyone’s Business”
Quality assurance Monitor and evaluate what is done individually and collectively in terms of practice and in terms of whether agencies are fulfilling their statutory obligations under Section 11 of the Children Act; e.g. through single agency self-evaluation, joint audits of case files to evaluate joint working etc
Planning & Commissioning Participate in the local planning and commissioning of children’s services to ensure that they take safeguarding and promoting the welfare of children into account
Serious Case Reviews Undertaking reviews of cases where a child has died or has been seriously harmed in circumstances where abuse or neglect is known or suspected and advising on lessons that can be learned
Child Death Review Panels
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Ensuring a co-ordinated response to and collecting and analysing information from local unexpected deaths via the setting up of a child death review panel
Annual work Plan To develop and agree annual measurable objectives to be set out in the three year work plan in the Strategic Plan. These will fit with the Children & Young Person’s Plan.
Annual report (LSCB Office) Produce an annual report to include the work plan, relevant management information on safeguarding activity in the previous year and progress against objectives the previous year.
Budget To agree an annual pooled budget and spending plans
Equality and Diversity . Ensure that constituent agencies adhere to practice standards with regard to safeguarding black and ethnic minority and disabled children in Lambeth in line with current legislative requirements
5. Structure
The Lambeth Safeguarding Children Board is independently chaired in accordance with the Laming Review recommendations 2009.
To ensure that LSCB exercises its unique statutory role effectively it must have a clear and distinct identity within local children’s trust governance arrangements. It is not an operational sub-committee of the children’s trust board and has a scrutiny role of the work of the Children’s Trust around safeguarding.
The LSCB consists of an Executive Board and eight sub-committees:
6. Membership
Nature of members
Members will need to be people with a strategic role in relation to safeguarding and promoting the welfare of children within their organisation. They should be able to:
Speak for their organisation with authority Commit their organisation on policy and practice matters Hold their organisation to account
Role of members
Have a duty to contribute to the effective work of LSCB
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Must be objective and be able to recommend changes to improve effectiveness Must be “members” of the Board not “representatives” of their agency Should adhere to their written statement of roles and responsibilities
Core membership of safeguarding boards is prescribed in “Working Together” and there is local discretion for additional members to join either the Board or sub-committees.
7. LSCB Board
The LSCB Board meets six times a year and determines the strategic direction and key priorities based on national objectives and performance related local objectives. It will also agree matters related to the Board staff, the annual budget and spending plans. The Board will link with and scrutinise other key strategic fora in relation to safeguarding children (including the CYPSP, DV Forum, Corporate Parenting Board, Safer Lambeth Partnership, MAPPA etc)
8. LSCB Sub-committees
The following eight sub-committees have been established to carry out the Board’s objectives:
Policy, and Procedures Sub-committee Promotion of Safeguarding Sub-committee Training Sub-committee Performance Sub-committee Electronic Safety Sub-committee Adults Sub-committee Serious Case Review Sub-committee Safer Recruitment Sub-committee
In addition a Child Death Review Panel has been established with Southwark Safeguarding Children Board.
Each sub-committee has a broad membership, including front line practitioners and representation from the community and voluntary sector, to encourage wider involvement in the safeguarding agenda and to ensure that the Board’s aims are achieved. Additional members can be co-opted for time-limited periods if required for specific projects. Each sub-committee has its own work plan and terms of reference, and is chaired by a member of the LSCB at Divisional Director or Assistant Director level who reports progress back to the Board.
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Other Children and Young People’s Service Panels: Adoption and Permanence Panel
The Adoption and Permanence Panel considers permanency plans for all Lambeth Looked After Children.
The statutory role of the Panel is to consider (i) whether a child should be placed for adoption, (ii) whether a prospective adopter is suitable to be an adoptive parent, and (iii) whether a child should be placed with a specific prospective and (iv) whether a child/children should be fostered long term.
As the Panel is intended to have a considerable element of independence from the agency they cannot make the decisions. The Panel makes a recommendation to the Adoption Agency and a senior officer currently the Divisional Director Social Care, makes the decision as the representative of the Adoption Agency taking into account the recommendation (either affirmative or negative) of the Panel.
From 1 April 2011 when setting up an Adoption panel the Agency must draw the members from a list of persons ('the Central List') whom it considers have the appropriate qualifications and/or experience to consider the cases submitted to the Panel for its consideration.
The members of the Central List must include in addition to an independent chair and up to two Vice Chairs (who may not be independent):
adoption social workers with at least three years’ relevant post qualifying experience in child care social work, including direct experience in adoption work. The adoption social workers do not need to be employed by the agency. the medical adviser to the adoption agency. Where the agency has more than one medical adviser then all of them may be members of the panel other persons. These will be persons whom the agency consider suitable, including those not employed by the agency to reflect the independent nature of the panel. As the Panel is a multi-disciplinary body suitable members could include specialists in education, child and adolescent mental health, race and culture; and those who have personal experience of adoption. Since the 1 April 2011 there is no mandatory requirement for a councillor to sit on the Panel. If a Councillor is appointed where possible, and in accordance with good practice, this Councillor should be either a member of the Corporate Parenting Board, the Cabinet Member with responsibility for Children's Services or a Member with knowledge of issues relating to looked after children. The Panel meets twice per month, with occasional emergency meetings.
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Fostering Panel The Fostering Panel considers applications for approval of prospective foster carers (including the detailed arrangements), to be approved as foster carers for children looked after by Lambeth. The Panel also considers the annual reviews of approved foster carers, changes in approval criteria of foster carers and can be consulted over various fostering matters, including the termination of approvals of foster carers. The Panel makes a recommendation to the Divisional Director Social Care who formally takes the decision as the representative of the Fostering Agency. The Panel contributes to the development and effectiveness of our foster care services as it provides a forum for overseeing the activity of the Fostering Service. From 1 April 2011 the Fostering Services (England) Regulations 2011 make provision for the establishment of a Central List of people who are considered suitable to sit on a fostering Panel, from which fostering panel members may be drawn by the agency. The Panel consists of officers, users and representatives of the authority and independent persons. It is a diverse panel that includes representatives from the Children and Young People's Service and independent members who have a range of experience and/or expertise in child care matters. The Panel meets once per month. Secure Accommodation Panel All children and young people placed in Secure Accommodation under the Children Act 1989 Section 25 and the Children (Secure Accommodation) Regulations 1991, are required to have a formal Review after one month and after three months. The Review is required to review the placement and ensure that the criteria for keeping the young person in secure accommodation continues to apply. The Review Panel consists of a councillor, an Independent Social Work Manager (who does not hold case responsibility) and an independent person (someone who is neither a Member nor an officer of the Council). The Panel is held in the Secure Unit where the child or young person is placed and the child and their parents attend the Panel, along with the child’s social worker and other relevant people. The Panel meets as and when necessary. The Independent Education Admission Appeals Panels Terms of Reference To consider: (a) Appeals by parents against a decision as to the community school at which education is to be provided for their child.
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(b) Appeals by governing bodies or community schools against a decision by the Local Authority, as their admission authority, to admit to the school a child who has previously been permanently excluded from two or more schools.
Constitution The membership shall comprise three members to consist of: (a) One lay member nominated by the Council (from a pool of such persons maintained by the Council for this purpose); (b) One person who has experience in the provision of education in Lambeth, or who is the parent of a pupil at one of the borough's schools; (c) One person to be taken from either of these two groups.
Note : Members of the Council and officers from the Council cannot sit on any of these Panels.
Rules of Procedure In accordance with section 94(1)(b) of the 1998 Schools Standards and Framework Act 1998 (“the 1998 Act”) and the Education (Admissions Appeals Arrangements) (England) Regulations 2002 (2899) as amended by the Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2008 (save where a child has been permanently excluded from two or more schools and at least one of those exclusions took place after 1 September 1997, the parents’ right of appeal against a decision not to offer their child a school place is effectively suspended for two years after the second or any subsequent exclusion (see sections 87(2) and 95(1) of the 1998 Act)), and section 1A of the 1998 Act in relation to appeals against the decisions made by or on behalf of governing bodies refusing admission of a child to a sixth form and as otherwise in accordance with procedures set out in Part 3 (Rules of Procedure) of this constitution. The Independent Education Exclusion Appeals Panels Terms of Reference To consider: (a) Appeals by parents where the Governing Body of the school in question upheld the Headteacher’s decision to permanently exclude a pupil from a maintained school. (b) Appeals by parents where a pupil has been permanently excluded from a Pupil Referral Unit.
Constitution The membership shall comprise three members to consist of:
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(a) The Chair who must be a lay member, defined as someone who has not worked in a school in a paid capacity, although they may have been a school governor or worked as a volunteer. (b) One member must be, or have been, a governor of a maintained school provided they have served in this capacity for at least 12 consecutive months in the last 6 years (but must not be or have been a teacher or head teacher). (c) One member must be, or have been within the last 5 years, a head teacher of a maintained school (if the exclusion is from a Pupil Referral Unit (PRU) then this representative can be either a head teacher of a maintained school, or a teacher in charge of a PRU).
Note : Members or officers of the Council cannot sit on any of these Panels. Rules of Procedure In accordance with Section 52 of the Education Act 2002 and the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 no. 3178 and the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) 2002 no 3179, and as otherwise in accordance with procedures set out in Part 3 (Rules of Procedure) of this constitution.
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Section 3 – Local Choice Functions
All executive functions are the responsibility of the Cabinet or officers – see delegated powers to officers set out later in this Part for further information. No functions are to be exercised by Cabinet Members acting individually, unless the Leader decides otherwise, and following notification to full Council. The Council resolved on 21 October 2009 to adopt the “new-style” leader and cabinet executive to take effect immediately after the local elections in May 2010. As part of this resolution, the Council decided that the local choice functions listed below will continue to be discharged by the Cabinet, noting that this decision will be reviewed by the Council’s new administration following the elections in May 2010. Subject to the outcome of such review, the following local choice functions (Schedule 2 to the Functions Regulations) will be exercised by the Cabinet collectively or by officers under delegated powers. Those which will be exercised by the Cabinet collectively are numbered 6, 9 and 15 below (and are emboldened): 1. Any function under a local Act other than a function specified or referred to in regulation 2 or Schedule 1.
2. The determination of an appeal against any decision made by or on behalf of the authority.
3. The making of arrangements pursuant to subsection (1) of section 67 of, and Schedule 18 to, the School Standards & Framework Act 1998 (appeals against exclusion of pupils).
4. The making of arrangements pursuant to section 94(1) and (4) of, and Schedule 24 to, the School Standards & Framework Act 1998 (admission appeals).
5. The making of arrangements pursuant to section 95(2) of, and Schedule 25 to, the School Standards & Framework Act 1998 (children to whom section 87 applies: appeals by governing bodies).
6. Any function relating to contaminated land.
7. The discharge of any function relating to the control of pollution or the management of air quality.
8. The service of an abatement notice in respect of a statutory nuisance.
9. The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority's area.
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10.The inspection of the authority's area to detect any statutory nuisance.
11.The investigation of any complaint as to the existence of a statutory nuisance.
12. The obtaining of information under section 330 of the Town and Country Planning Act 1990 as to interests in land. 13. The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976. 14. The making of agreements for the execution of highways works.
15. The appointment of any individual -
(a) to any office other than an office in which he is employed by the authority;
(b) to any body other than - (i) the authority;
(ii) a joint committee of two or more authorities; or (c) to any committee or sub-committee of such a body, and the revocation of any such appointment.
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Section 4 – Scheme of Delegation and Financial Regulations
CONTENTS
Topic Page
Introduction 74
Delegation of Powers to the Chief Executive and Executive Directors 75
Corporate Scheme of Delegation 85
Departmental Schemes of Delegation
Delegation of Additional Powers to the Chief Executive 96
Delegation of Additional Powers to the Executive Director 98 of Adults' and Community Services
Delegation of Additional Powers to the Executive 100 Director of Children and Young People's Service
Delegation of Additional Powers to the Executive 101 Director of Finance and Resources
Delegation of Additional Powers to the Executive Director 103 of Housing, Regeneration and Environment
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Introduction
The Council has a statutory duty under s151 of the Local Government Act 1972 to “make arrangements for the proper administration of (our) financial affairs and… secure that one of (our) officers has responsibility for the administration of those affairs.” Accordingly, the Scheme of Delegation Part 2, Section 4 Part A provides information and guidance to Council officers and others on the various levels of delegated authorities that are exercised by the Council in carrying out its statutory functions. They are to be read in conjunction with such other Council wide procedures and related documentation as may be necessary and particular attention should be made to any financial requirements that are mentioned.
The Scheme of Delegation consists of three distinct categories: (a) the Introduction; (b) the Corporate Scheme of Delegation, which applies to the Chief Executive and all Executive Directors; and (c) additional powers which have been delegated individually to the Chief Executive and each Executive Director.
Financial Regulations Part 2, Section 4 Part B form a fundamental part of the working of the Council and can be found following the Scheme of Delegation.
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Section 4, Part A: Scheme of Delegation
DELEGATION OF POWERS TO THE CHIEF EXECUTIVE AND EXECUTIVE DIRECTORS
Introduction 1. General Principles
The Council is required under Section 100G of the Local Government Act 1972 and Section 15 of the Local Government Act 2000 to maintain its scheme of delegation for public inspection, and the scheme is maintained by the Governance and Democracy Division. Once approved by Council, the only amendments to the scheme of delegation that will be incorporated will be those approved by the Council and the Cabinet (in relation to the discharge of executive functions) or by the Council in relation to all other functions of the authority. Such amendments must be worded specifically (i.e. add to, delete from, amend specific paragraphs).
However, when a committee specifically instructs the Chief Executive, an Executive Director 1 or Divisional Director to undertake a task or when a delegated power is required for a period of less than six months, approval can be given by the relevant committee only (as the Council is not required to incorporate such powers in its scheme of delegation).
It is the responsibility and duty of chief officers and officers taking delegated decisions to ensure that matters of a potentially controversial or political nature, or involving significant changes in policy, are consulted upon with the relevant Cabinet Member and recorded or reported to the Cabinet, Council and/or committee as appropriate.
Where officers are contemplating a decision in connection with an executive function they should have careful regard to the following principles in deciding how this should be taken and recorded: (a) Is the proposed decision in connection with a function which as a matter of law is the responsibility of the authority’s executive? If not, then Regulation 13 of the Access to Information Regulations will not apply and the decision need not be subject to publication (either via a report to Cabinet or logging on Officer Decisions). If so it will. (b) Is the proposed ‘executive decision’ sufficiently important and/or sensitive so that a reasonable member of the public would reasonably expect it to be taken by an elected member decision-making body or the proposed decision to be notified beforehand? If so, the officer should arrange for it to be taken by Cabinet or published on Officer Decisions.
1 Executive Directors of Adults' and Community Services, Children and Young People's Service, Finance and Resources and Housing, Regeneration and Environment.
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Such reports should be subject to early consultation with the relevant Cabinet Member, and the final draft report should be cleared by them. The following officer decisions will be published on the Officer Decisions database for five clear days before the decision is taken: All officer key decisions. All officer non-key decisions involving resources between £100,000 and £500,000. Other important or sensitive issues that should be subject to pre- notification in the view of the Cabinet Member or Executive Director concerned (see also Access to Information rule 17). (c) Is the proposed executive decision one which affects only particular individuals as opposed to the public generally? If so, whilst the decision will need to be recorded in line with relevant requirements in Regulation 13(4), the information is likely to be exempt and if so publication will not be required. (d) Is a proposed decision merely administrative in nature with only a remote connection to an executive function? If so, on a purposive analysis, Regulation 13(4) is considered not to apply. There would also be no reasonable public interest in having statutory access to such a decision. (e) Is a potential decision so minor or routine or is otherwise one which would reasonably be considered to be of no interest to a reasonable member of the public? If so, again on the above purposive analysis, the requirements of Regulation 13(4) would not be considered to apply. Decision-takers will need to exercise discretion carefully in deciding: (a) the most appropriate forum for a particular decision and (b) whether the requirements of Regulation 13(4) can reasonably be considered to apply. A key consideration will always be a reasonable judgment of the public interest in the decision and what the public would reasonably expect in relation to arrangements for it. If in any doubt officers should take appropriate advice and consult with relevant elected members.
2. Operation of Delegated Powers within Departments
In addition to the powers delegated by the Council to the officers specified in this Scheme of Delegation, the Chief Executive and Executive Directors are authorised to make further arrangements within their Departments to:
Empower officers to implement specified decisions on their behalf. Schemes of delegation as approved by the Council are set out below under the Chief Executive and each Executive Director, and include specified delegations to Directors, Divisional Directors, Assistant Directors, Heads of Service and Business Unit Managers. The term "officer" in this context is not confined to a direct
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employee of the Council. The Council will occasionally need to appoint interim managers in senior positions via an agency or on a consultancy basis, who are likely to be required to exercise delegated powers as if they were a directly employed Council officer. Pursuant to the Scheme of Delegation detailed below, Executive Directors may specifically delegate powers to such persons to act as a Director, Divisional Director, Assistant Director, Head of Service or as a Business Unit Manager. This delegation must be made in writing and identify which elements of the Scheme of Delegation apply. The delegation must be time limited and therefore requires renewal and may not be for more than one year. However, any powers so delegated which remain unchanged following any revision to this Scheme of Delegation are deemed to be carried over for the purposes of acting under the revised scheme and the powers set out in any such delegation are deemed to remain operative if they are in substance unchanged, as is any delegation made under the previous version. For the avoidance of doubt, any such delegation will require renewal whenever there is a change in the post to which the delegation was granted. Where the delegated powers in question relate to financial transactions then the Executive Director of Finance and Resources must be consulted. Where the delegated powers relate to human resources issues then the Divisional Director of Human Resources must be consulted.
Give written advice to those officers on any exceptions to general empowerment (i.e. decisions to only be taken in consultation with themselves or other officers, Cabinet Members or other nominated persons).
Produce a tailored record-keeping system for decisions, including an audit trail.
3. Consultation
Under the provisions of the Local Government Act 2000, the Council has included relevant consultation arrangements for decision-making. The Constitution and forward plan make clear the expectations placed on the executive (Cabinet Members and officers) to consult before policy and significant operational decisions (i.e. “key decisions”) are made.
4. Preamble
The Chief Executive, all Executive Directors, Directors and Divisional Directors are designated Proper Officers of the Council pursuant to Section 234 of the Local Government Act 1972, and empowered to sign, pursuant to Section 270(3) of the Local Government Act, 1972, any notice, order or other document required to be made, given or issued to give effect to the
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powers delegated to them both generally and specifically as set out in this paragraph and below.
Pursuant to Section 101 of the Local Government Act 1972 the Chief Executive, all Executive Directors, Directors, Divisional Directors, Assistant Directors, Heads of Service and Business Unit Managers, so far as their respective departments / divisions / business units are concerned, are empowered to deal with the matters set out below. A list of Divisional Directors, Assistant Directors and Business Managers is maintained by the Divisional Director of Human Resources.
The Local Government Act 1972 grants wide-ranging powers for local authorities to delegate the discharge of their functions. The Act of 2000 also contains provisions on the delegation of executive functions; it requires that the local authorities adopting executive arrangements must make arrangements for the discharge of their executive functions, and makes provisions accordingly.
In establishing a Scheme of Delegation for Officers – whether in respect of executive or non-executive functions, it is important to bear in mind that a number of principles exist in terms of delegations, all of which must be complied with in order to ensure that the authority's functions are lawfully discharged. These principles are set out below and are in addition to those set out in the Introduction above. It should be remembered that where functions that are the responsibility of the Cabinet are delegated to officers or other structures outside the Cabinet, the Cabinet should nevertheless remain accountable to the Council, through scrutiny committees for the discharge of those functions. It is a presumption that discretion conferred by a statute should be exercised by an authority or person on whom the statute is conferred and no other authority or person.
Notes to Scheme of Delegation
1. The powers in this document are subject to the provisions set out in the Constitution and Financial Regulations and the delegations contained therein.
2. All delegated functions shall be deemed to be exercised on behalf of and in the name of the Council.
3. The exercise of a delegated power, duty or function shall:
(a) be subject to the Council's policies and criteria;
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(b) not amount to a new policy or extension of or amendment to the existing and agreed policy framework of the Council2 unless otherwise provided for in the Constitution;
(c) be subject to any Special Procedure and/or Protocol; and
(d) be subject to the requirements of the Constitution and Financial Regulations.
(e) where Cabinet has delegated a decision to be taken by an officer in consultation with one or more Cabinet Members, be subject to the requirement that a formal report will be prepared and that the officer will ensure compliance with the requirements of the Access to Information Procedure Rules (Part 3, Section 2 of the Constitution).
4. An officer to whom a power, duty or function is delegated may nominate or authorise another officer to exercise that power, duty or function, provided that officer reports to or is responsible to the delegator.
5. References to any enactment, regulation, order or byelaw shall be construed as including any re-enactment or re-making of the same, whether or not with amendments.
6. Any references to any Act of Parliament includes references to regulations, subordinate and EU legislation upon which either UK legislation is based, or from which powers, duties and functions of the Council are derived.
7. Where the exercise of powers is subject to prior consultation with another officer or a Cabinet Member, that officer or Cabinet Member, may give his or her views in general terms in advance to apply to any particular circumstances, to remove the need for consultation for each proposal.
8. Subject to any express instructions to the contrary from the Council, the Cabinet, Committee or Sub-Committee, any power to approve also includes the power to refuse, and the power to impose appropriate conditions.
9. Delegations to officers are subject to-
(a) the rights of the Council, Cabinet, Committee or Sub-Committee to decide any matter in a particular case;
3 Policy Framework means all those plans and strategies that are subject to full Council approval in accordance with Part 3 Section 3 of the Constitution.
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(b) the Chief Executive, and the Executive Director or other officer may in any case in lieu of exercising his/her delegated power refer to the Council, the Cabinet, Committee or Sub-Committee for a decision; and
(c) any restrictions, conditions or directions of the Council, the Cabinet, the delegating Committee or Sub-Committee.
10. In exercising delegated powers the Chief Executive, the Executive Director or other officer shall:
(a) take account of the requirements of the Constitution and Financial Regulations and shall address all legal, financial and other professional safeguards as if the matter were not delegated;
(b) shall exercise the delegation so as to promote the efficient, effective and economic running of that Division, Department and the Council, and in the furtherance of the Council's visions and values; and
(c) shall, where and when appropriate, report back to the appropriate body (i.e. Council, Cabinet, Committee or Sub-Committee) as to the exercise of those delegated powers.
11. Except where otherwise expressly provided either within the Scheme of Delegation or by resolution of the Council, the Cabinet, a Committee or Sub-Committee, the exercise of any delegated power, duty or function is subject to having the appropriate and necessary budgetary provision in place to take the action in the name of and/or on behalf of the Council.
12. Any delegated power conferred to a subordinate officer shall be deemed to be exercised in the name of the Chief Executive, or the Executive Director as appropriate, unless expressly indicated otherwise.
13. The compilation of a Scheme of Delegated Powers is a statutory requirement. The Scheme of Delegation is maintained by the Director of Governance and Democracy and delegations are added to it as they are made by the Council, Cabinet, Committees and Sub- Committees. Officers should take care to inform themselves of any subsequent changes to the Scheme before solely relying on this document.
14. The Director of Governance and Democracy shall have the power, subject to prior notification to the party whips, to:
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(a) amend this Scheme to reflect re-organisations, changes in job titles and vacancies, where said changes result in redistributing existing delegations and not the creation of new ones; and
(b) amend the Constitution, as adopted from time to time by the Council, to correct any typographical errors or inconsistencies subsequently identified.
15. Any post specifically referred to below shall be deemed to include any successor post, or a post which includes within the job description, elements relevant to any particular delegation, which were also present in the earlier post and shall include anyone acting up or seconded or discharging the functions of the post on an interim basis.
16. Any reference to a Committee or Sub-Committee shall be deemed to include reference to a successor Committee or Sub-Committee provided that the subject matter of a particular delegation can be found within the terms of reference of both the earlier and the successor Committee or Sub-Committee.
17. Where a power or duty is delegated to an officer, and the exercise of that power or duty is contingent upon the opinion of the Cabinet or Council that particular conditions or factual circumstances exist, then the officer in question has the power to determine whether or not those circumstances exist or those conditions have been fulfilled in the name of and with the authority of the Cabinet or Council as appropriate.
18. With respect to any reference to a delegation being exercised following consultation with the appropriate Cabinet Member, the decision is vested with the delegatee who shall be responsible and accountable for the decision, the delegatee is required to bring independent judgement to bear on the decision, and the decision must not consist of the officer adding a sanction or approval to what a councillor has decided.
19. If a matter is delegated to an officer, but that delegation cannot be implemented, that should be reported to the Council, the Cabinet or the delegating Committee or Sub-Committee.
20. Functions, matters, powers, authorisations, delegations, duties and responsibilities within this Scheme shall be construed in a broad and inclusive fashion and shall include the doing of anything which is calculated to facilitate or is conducive or incidental to the discharge of anything specified.
21. All matters of interpretation of the Scheme of Delegation will be determined by the Director of Governance and Democracy. In the event of a conflict between the provisions of this Scheme of Delegation and the requirements imposed by Financial Regulations, the latter will take precedence.
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22. The definition of any contract term is to be clearly defined in accordance with Financial Regulations and legal interpretation.
23. Officers exercising delegated powers related to financial matters (such as raising invoices, writing-off debts, paying invoices or disposals of assets) shall be aware at all times of the statutory responsibility of the Executive Director of Finance and Resources under Section 151 of the Local Government Act 1972 and of the need to comply with all the instructions and guidance issued by him/her and to seek their advice as necessary.
24. Executive Directors exercising delegated powers in relation to major departmental re-organisations and substantial financial matters (such as write-offs, disposal of assets, increases in fees and charges) shall make such arrangements to consult with the relevant Cabinet Member as may be agreed between them from time to time.
As well as the guidance notes above there are produced below safeguards for authorisation for discharging delegated functions:
5. Safeguards for Authorisation of subordinate officers to discharge particular functions in any Scheme of Delegation
1. The nature and statutory context of the function that is to be discharged by a subordinate officer is relevant. The greater the extent to which the discharge of the function affects individual rights or requires the exercise of discretion or professional judgement, the less likely it would be lawful to authorise the subordinate to act.
2. Administrative inconvenience is a very important rationale for the power to authorise subordinates to act. Therefore, authorisation should only be given where the administrative burden of personally discharging functions would be significant.
3. The degree of control maintained by the senior officer over the subordinate may be a material factor in determining the validity of the authorisation. In cases where significant discretion or judgement must be exercised, a high degree of control should be retained.
4. The subordinate may be authorised to make decisions in the name of the senior officer, if necessary by using a facsimile signature or requiring the senior officer simply to sign decisions without personally considering them. This system takes advantage of Section 234(2) of the Local Government Act 1972.
5. In the case of the simplest administrative task, involving a minimal exercise of discretion or judgement, there would be less need for formality.
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6. A subordinate officer who is authorised to discharge a particular function should not subsequently authorise another officer or third party to discharge that function without the consent of the officer whose powers the subordinate officer is discharging. The responsibility of the Head of Service or other senior officer has formed a basis for the decisions that allow authorisations. Any kind of 'sub- authorisation' will undermine and lessen this responsibility and would greatly increase the likelihood that it will be found to be unlawful.
7. The ability and experience of the authorised officer should be taken into account, so that an officer with appropriate experience and skills is authorised to act.
8. The nature and extent of any further authorisation which is not specified in the Schedules to this Scheme of Delegation should be set down in writing.
Definition of Management
‘Management’ in this document means carrying out, in consultation with the Chief Executive or Executive Director as appropriate, the tasks set out below (subject to the restrictions referred to) within the manager's field of responsibility.
1. To keep under constant review the needs of the Borough and its community in relation to all matters within the manager's area of responsibility and to take all such action which in his/her judgement is necessary to ensure that those needs are met within the framework of any policies agreed by the Council.
2. To take all action, within agreed performance criteria, to ensure that the Council’s targets are met in the provision of efficient, effective and economically provided services.
3. The following matters are excluded from this scheme of delegation:
(a) Any matter that the Council or the Cabinet has resolved shall be determined by itself.
(b) Any matter which is a new policy or is a departure from the existing and agreed policy framework of the Council.
(c) Any matter which, in consultation with the Executive Director, the manager considers inappropriate to be dealt with under delegated powers.
(d) Any matter in which the manager has a personal interest.
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(e) Any issue which is required by law to be considered by the Council or a Committee.
(f) Any matter which has been delegated to a Committee of the Council to determine.
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CORPORATE SCHEME OF DELEGATION
The following delegated powers are subject to the Chief Executive, or an Executive Director vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation, similar delegated authority to other appropriate officers. Any delegation of powers which is made by the Chief Executive, or an Executive Director in addition to those specified in the Schedule to the Scheme of Delegation must be made in writing.
1. Within the overall resources allocated by the Council, in direct support of the Council’s objectives and subject to the exclusions referred to in paragraph 5 below, authority to act on behalf of the Council on all matters relating to the discharge of such functions of the Council as may be delegated from time to time to the Chief Executive or an Executive Director as appropriate, including those detailed in the Departmental Schemes of Delegation which follow.
2. To take all action, within agreed performance criteria, to ensure that the Council’s targets are met in the provision of efficient, effective and economically provided services.
3. Within the overall financial resources allocated corporately to their departments, and subject to such consultation with the Divisional Director of Human Resources as is deemed necessary, to discharge the Council’s employment functions in relation to all personnel in their departments.
4. To keep under constant review the needs of the Borough and its community in relation to all those services provided by the Council and to take all such action which in his/her judgement is necessary to ensure that those needs are met within the framework of any policies agreed by the Council.
5. The following matters are excluded from this scheme of delegation:
(a) Any matter that the Council or the Cabinet has resolved shall be determined by itself.
(b) Any matter which would lead to a Department failing to stay within its annual cash limit (as defined in Financial Regulations) or which would commit the Department to increase its cash limit in any subsequent financial year.
(c) Any matter which would lead to a Department failing to stay within its capital budget (as defined in Financial Regulations) or which would commit the Department to an increased capital budget in any subsequent financial year.
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(d) Any matter that is a new policy or is a departure from the existing agreed Policy Framework of the Council unless otherwise provided for in the Constitution.
(e) Any matter which the Chief Executive, or the Executive Director, in consultation with the Chief Executive considers inappropriate to be dealt with under delegated powers.
(f) Any matter in which the Chief Executive, or the Executive Director has declared an interest.
(g) Any issue which is required by law to be considered by the Council, the Cabinet collectively or by a Committee.
(h) Any matter which has been delegated to a Committee of the Council, or of the Cabinet to determine.
6. This Scheme of Delegation has been approved by the Council, the Cabinet, the Chief Executive, and the Executive Directors.
7. Any power transferred under this scheme of delegation may not be further delegated without the express approval of the Chief Executive, or the Executive Director.
8. Any power transferred under this scheme of delegation may be exercised by the Chief Executive, or the Executive Directors and, in the event of dispute only the Chief Executive, or the Executive Director’s decision, as appropriate, is effective.
9. Any power in addition to those powers delegated by the Council to the officers specified in the Schedule to the Scheme of Delegation transferred under this scheme of delegation may not be further delegated without the express approval of the Chief Executive, or the Executive Director.
10. Financial expenditure and budgetary control (in compliance with the Constitution, Financial Regulations and Financial Procedures) is delegated to Business Unit Managers within the department. Management of capital expenditure and disposal transactions is delegated to named officers. The Chief Executive or Executive Director, as appropriate, may authorise Business Unit Managers to delegate one or more of their powers to other officers within the business unit.
11. Contract variations (including order and invoice variation) will be the subject to the standard approval limits for the whole transaction. Where the new value exceeds the approval limit for the original approver, the transaction will require a higher level approval.
12. The power to establish any departmental standards, procedures or guidance notes that he/she believes to be necessary to enable officers in
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the department to observe the Council's employment functions in consultation with the Divisional Director of Human Resources.
13. The power to establish any additional departmental financial standards, procedures or guidance notes that he/she believes to be necessary to enable officers in the Department to observe the Financial Regulations and associated guidance is delegated to the Divisional Director of Resources for the respective Department.
14. (a) To consider, in consultation with the relevant Cabinet Member(s), any report issued by the Local Government Ombudsman which includes a finding of maladministration relating to functions discharged by their department. Further, to notify the Local Government Ombudsman within three months of the receipt of the report of the action(s) taken, or proposed to be taken, in response.
(b) To report to Corporate Committee the Local Government Ombudsman report with findings of maladministration, including the action(s) taken, or proposed to be taken, in response.
15. The Scheme explicitly refers to the following designations of officer: Chief Executive, Executive Director, Director, Divisional Director, Assistant Director, Head of Service, Business Unit Manager and Manager and delegates highly specific financial and non-financial powers to each one. Where the Chief Executive or an Executive Director delegates powers to other officers with different designations, the written confirmation must be sufficiently clear to identify which one of the above delegations it is equivalent to and how it relates to the council’s financial system. The Chief Executive or Executive Director must maintain a schedule of all such delegations.
General
16. All officers making decisions under delegated powers are required to keep a register of all such decisions.
Contracts
17. The power to terminate contracts is delegated to Executive Directors.
18. The power to make additions to and deletions from the Approved Provider lists for contracts is delegated to the Chief Executive, Executive Directors, Divisional Directors and Assistant Directors.
19. The power to grant waivers for contracts of up to £25,000 in value is delegated to the BU Manager and the Divisional Director of Resources. The power to grant waivers for contracts of more than £25,000 in value is delegated to Executive Directors.
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20. With the exception of the Chief Executive and Executive Director of Finance and Resources, the powers below may only be discharged in relation to the officer’s respective area of responsibility.
21. Subject to any exceptions as provided elsewhere in the Scheme of Delegation, all contracts over £100,000 must be made under seal (other than contracts for the sale or acquisition of land at auction). Contracts up to and including £100,000 must be signed by two duly authorised officers as set out below.
Value of contract, variation or Authorising Officers extension More than £50,000 up to and Head of Service and Assistant Director including £100,000 Up to and including £50,000 Business Unit Manager and other Manager
22. In exercising the contract and payment powers delegated to them, officers are required to comply with the Contract Standing Orders which can be accessed here Procurement Guide - current version (link only works internally).
23. The following table sets out the powers delegated to officers in relation to the award of contracts and variations (including extensions).
Value of Contract, Contract Authorising Officers Variation or Extension Over £10 million Executive Director of Finance and Resources More than £1 million up to Executive Director and Divisional Director of and including £10 million Resources More than £100,000 up to Divisional Director and Divisional Director of and including £1 million Resources More than £50,000 up to and Head of Service or Assistant Director including £100,000 Up to and including £50,000 Business Unit Manager or other Manager
24. The powers to enter into or vary contracts exclude property acquisitions or refurbishments for the core and non-core estates and all land transactions.
Payments
Requisitions
25. Any officer nominated by a Business Unit Manager is delegated the authority to raise requisitions of any value within their own business unit. The Business Unit Manager is required to maintain a schedule of all such staff.
Purchase Orders
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Value Authorising Officer Over £10 million Executive Director of Finance and Resources Up to £10 million Executive Director Up to £1 million Divisional Director or Director Up to £100,000 Head of Service or Assistant Director Up to £50,000 Business Unit Manager Up to £25,000 Deputy Business Unit Manager
Authorisation of Payments
26. The council uses the Oracle financial system which allows payment to be made through one of two methods: two-way matching or three-way matching. In either method a financial authorisation will be required and its maximum value must be in accordance with the delegations set out in the table below:
Value Authorising Officer Over £10 million Executive Director of Finance and Resources Up to £10 million Executive Director Up to £5 million Divisional Director or Director Up to £1 million Head of Service or Assistant Director Up to £100,000 Business Unit Manager Up to £50,000 Deputy Business Unit Manager Up to £25,000 Any Manager Up to £2,000 Other staff by delegation
27. The Divisional Director of Resources for each department is required to maintain a schedule of all staff authorised to use the Oracle financial system and to ensure that it is in accordance with the delegations set out above. Where it is not clear that an officer’s role matches the delegations in this Scheme, the Executive Director is required to make a specific delegation in the Departmental Scheme of Delegation and maintain records of all such delegations.
Finance
28. All officers are required to act in accordance with the Council’s Financial Regulations, Financial Procedures and Contract Standing Orders.
29. Authorisation limits for revenue and capital expenditure are as set out in the contracts and payments section above.
30. Divisional Directors of Resources are responsible for ensuring that staff in their respective departments with financial responsibilities are familiar with Financial Procedures. Where Divisional Directors of Resources wish to deviate from this guidance they must first obtain the written agreement of the Executive Director of Finance and Resources.
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31. Revenue budget virements are transfers of budgeted expenditure or income in the Oracle financial system that do not increase the Council’s overall cash limit. Revenue budget virements must be made in accordance with the following scheme of virement:
Revenue virements within a department (always within respective areas of responsibility)
Value of budget virement Authorising Officer / body Over £500,000 Council More than £250,000 up to Executive Director and Divisional Director of and including £500,000 Resources in consultation with Lead Cabinet Member Up to and including £250,000 Divisional Directors of affected divisions and Divisional Director of Resources in consultation with Lead Cabinet Member
Revenue virements between departments
Value of budget virement Authorising Officer / body Over £500,000 Council Up to and including £500,000 Executive Directors of affected departments and Executive Director of Finance & Resources in consultation with Lead Cabinet Members for affected departments
32. Capital budget virements are transfers of budgeted expenditure and resources from one project to another project within the approved capital programme (as defined in Financial Regulations). They do not increase the Council’s overall capital budget. Capital budget virements must be made in accordance with the following scheme of virement:
Capital virements within a department (always within respective areas of responsibility)
Value of budget virement Authorising Officer / body Over £500,000 Council More than £250,000 up to Executive Director and Executive and including £500,000 Director of Finance and Resources in consultation with the Lead Member for affected department and Cabinet Member for Finance and Resources. Up to and including £250,000 Divisional Directors of affected divisions and Divisional Director of Resources in consultation with the Lead Cabinet Member for affected department and Cabinet Member for Finance and Resources.
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Capital virements between departments
Value of budget virement Authorising Officer / body Over £500,000 Council Up to and including £500,000 Executive Directors of affected departments and Executive Director of Finance and Resources in consultation with Lead Cabinet Member for affected department and Cabinet Member for Finance and Resources.
33. Divisional Directors of Resources are required to maintain a schedule of all revenue virements within their respective departments. The Executive Director of Finance and Resources is required to maintain a schedule of all revenue virements between departments. The Executive Director of Finance and Resources is required to maintain a schedule of all capital virements.
Fees and charges
34. Authority to approve variations to fees and charges for services is delegated to Executive Directors following consultation with the relevant Lead Cabinet Member and the Executive Director of Finance and Resources, unless otherwise reserved to the Cabinet.
Assets
35. Authority to acquire or refurbish property in the core or non-core estate or any land is subject to the following scheme of delegation:
Value of property or land Authorising Officers transaction Over £10 million Executive Director of Finance and Resources More than £1 million up to Executive Director of Finance and and including £10 million Resources and Divisional Director Corporate Finance More than £200,000 up to Head of Asset Strategy and Divisional and including £1 million Director Corporate Finance Up to and including £200,000 Head of Asset Strategy
36. Authority to purchase all other assets (including land and property and whether acquired using compulsory purchase order powers or another power) from within existing revenue and capital budgets (where the scheme specifically includes the purchase of the asset(s)) is delegated to officers in accordance with the limits set out in the table for contracts and payments above.
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37. Disposal of assets other than land and property (and unless otherwise reserved to the Cabinet) is delegated to officers in accordance with the following scheme, which only applies to disposals with a value exceeding £1,000 . All disposals must comply with any applicable Council standards and policies.
Value Authorising Officer Over £100,000 Executive Director and the Executive Director of Finance and Resources £1,000 to £100,000 Executive Director and Divisional Director of Resources
38. Appropriations of land and property between general fund services and the Housing Revenue Account are only delegated to the Executive Directors of the respective departments where the value is nil. Where the value of the appropriation is not nil the agreement of the Executive Director of Finance and Resources must be obtained and the financial effects on the general fund and Housing Revenue Account must be met by compensating budget virements.
Debt write-offs
39. Authority to write off debts is delegated to officers in accordance with the following scheme:
Value of debt Authorising Officer Over £100,000 Executive Director and the Executive Director of Finance and Resources More than £10,000 up to and Executive Director and Divisional including £100,000 Director of Resources Up to and including £10,000 Divisional Director and Divisional Director of Resources
Human resources
40. Authority to appoint to posts within their respective areas of responsibility and in accordance with the Council’s policies and procedures is delegated to all officers with managerial responsibility.
41. Authority for re-organisations is delegated to officers as set out in the table below:
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Scale and impact of re- Authorising officer organisation All re-organisations involving Any manager acting within their area of less than 20 staff and no responsibility increase in ongoing staff costs Any reasonably predictable related not already budgeted for by redundancy, early retirement or other Council. severance costs, including payments into the pension fund if required must be approved by the relevant Divisional Director of Resources prior to formal commencement of the reorganisation All re-organisations involving Any manager acting within their area of less than 20 staff and an responsibility and the Divisional Director increase in direct staff costs Any reasonably predictable related that is within the relevant (i.e. redundancy, early retirement or other cost centre, business unit, severance costs, including payments into the division or department) pension fund if required must be approved by budget. the relevant Divisional Director of Resources prior to formal commencement of the reorganisation All re-organisations involving Any Divisional Director acting within their area more than 20 staff of responsibility and the Executive Director and the concurrence of the Divisional Director of Human Resources and relevant Cabinet Member. Any reasonably predictable related redundancy, early retirement or other severance costs, including payments into the pension fund if required must be approved by the relevant Divisional Director of Resources prior to formal commencement of the reorganisation Any re-organisation where the The approval of the Executive Director of associated one-off Finance is also required, in addition to any (redundancy, early retirement approvals set out above. or other severance or similar) costs cannot be met within a department’s approved budget for that purpose
42. Authority to take disciplinary action (other than dismissal and relating to posts within their business unit) in accordance with the Council’s policies and procedures is delegated to Business Unit Managers.
43. The decision to dismiss officers below Deputy Chief Officer level following due disciplinary process and disciplinary action relating to such posts is delegated to Executive Directors and Divisional Directors.
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44. Approval of Redundancy or premature retirement of officers below Deputy Chief Officer is delegated to Executive Directors, following consultation with the Divisional Director of Human Resources and the Divisional Director of Resources for the department prior to any offer and approval.
45. When an employee (below the grade of Deputy Chief Officer) is leaving the employment of the Council (whether by redundancy, retirement or any other reason) the agreement of the relevant Divisional Director of Resources following consultation with the Divisional Director of Human Resources is required before any monetary compensation is offered. (This does not include payments in lieu of notice or buy-out of annual leave entitlement of less than £2,000.) Payments to Deputy Chief Officers and above require the approval of the Executive Director of Finance and Resources.
46. Approval of retirement on grounds of ill health is delegated to Executive Directors on the recommendation of the relevant Divisional Director of Resources.
47. Approval of industrial injury settlements up to £1,000 is delegated to Executive Directors. Settlements above £1,000 require the prior concurrence of the relevant Divisional Director of Resources.
48. Implementation of Employment Tribunal decisions is delegated to Executive Directors, Directors and Divisional Directors.
49. Approval of transfer of employees on grounds of discipline or employee welfare subject to the agreement of the Divisional Director, Human Resources, is delegated to Executive Directors, Directors and Divisional Directors.
50. The award of honoraria/acting up allowances of up to £5,000 that can be contained within the relevant budget is delegated to Business Unit Managers, in consultation with the relevant HR Head of People Management.
51. The award of honoraria/acting up allowances in excess of £5,000 per annum, subject to affordability, is delegated to Executive Directors on the recommendation of the relevant Divisional Director of Resources.
52. The approval of payments of up to and including £5,000 in cases where the Local Government Ombudsman has or is likely to find maladministration, or in accordance with the Corporate Complaints Policy is delegated to Divisional Directors. All such payments in excess of £1,000 must be reported to the Corporate Committee.
53. The approval of payments of above £5,000 in cases where the Local Government Ombudsman has or is likely to find maladministration, or in accordance with the Corporate Complaints Policy is delegated to Executive Directors. All such payments must be reported to the Corporate Committee.
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Miscellaneous
54. The authority to coordinate and draft formal responses, on behalf of the Council, to all consultation exercises conducted by Government Departments, London Councils, and other national and local bodies, especially in relation to proposed legislative and policy changes, is delegated to Executive Directors. The Leader and Cabinet Member must be consulted for their comments and formal clearance prior to responses being submitted.
55. The authority to approve payments, on behalf of the Council, of subscriptions or other financial contributions to external bodies, is delegated to Executive Directors, subject to such prior consultation with the relevant Cabinet Member as may be required by, and agreed with, him/her.
56. The authority to sign notices and to authorise officers in and for the department to carry out all enforcement duties, including the issuing of cautions, as required within relevant legislation is delegated to Executive Directors, Directors and Divisional Directors.
57. With the exception of meetings of the Council and its bodies, the authority to approve filming by television or bona fide organisations on Council land (other than school premises) is delegated to Executive Directors, Directors and Divisional Directors.
58. The authority to approve the membership of representative and professional bodies on behalf of the Council is delegated to Executive Directors.
59. The implementation of the Council’s health and safety policy and business continuity planning within their departments is delegated to Executive Directors, Divisional Directors and Directors.
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DEPARTMENTAL SCHEMES OF DELEGATION
(a) CHIEF EXECUTIVE (CE)
The following delegated powers are subject to the Chief Executive vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation similar delegated authority to other appropriate officers. Any delegation of powers which is made by the Chief Executive in addition to those specified in this Scheme of Delegation must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Chief Executive is authorised to act on behalf of the Council on all matters, including those which have been delegated to another officer, and the following specific functions: human resources, campaigns and communications, policy, equalities and performance, Community Strategy and the Local Strategic Partnership and strategic transformation.
2. To authorise, in consultation with and pursuant to the agreement of, the Leader of the Council, any changes to the membership of the Cabinet and/or to the portfolios of Cabinet Members as set out in the Cabinet Procedure Rules. All such changes are to be reported to the next scheduled Council meeting.
3. To authorise, in consultation with and pursuant to the agreement of the Leader, all necessary arrangements for the establishment of a committee, working group or panel of the Cabinet, including but not limited to the appointment of the membership and terms of reference thereof. All actions taken pursuant to this delegated authority must be reported to the next scheduled meeting of the Cabinet and Council.
4. The power to establish any corporate procedures or guidance notes that he/she believes to be necessary to enable officers in the Council to undertake and perform the Council's employment functions is delegated to the Divisional Director of Human Resources, having regard to any consultative mechanisms which may exist with the Council's recognised trade unions. Where, in the opinion of the Chief Executive, the establishment of or variation to any such corporate policy or procedure is likely to have significant financial or operational implications the approval of the Cabinet shall be required.
5. The power to negotiate and approve variations to the contracts of employment of Chief Officers, in consultation with the relevant Cabinet Member and the Divisional Director of Human Resources.
6. The power to negotiate and approve variations to the contract of employment of the Chief Executive is delegated to the Divisional Director
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of Human Resources, in consultation with the Leader, Deputy Leader and the Leaders of the Opposition Parties. 7. Appointment of Chief Officers and Deputy Chief Officers in accordance with the Officer Employment Procedure Rules.
8. The decision to dismiss officers at Deputy Chief Officer level and below following due disciplinary process and in accordance with the Officer Employment Procedure Rules.
9. Disciplinary action relating to posts at Deputy Chief Officer level and below not involving dismissal.
10. Approval of acting up allowance for Executive Directors.
11. Approval of the Council's employment policies and all changes thereto, in consultation with the Chief Executive, is delegated to the Divisional Director, Human Resources.
12. To consider, in consultation with the Monitoring Officer, any application received from any officer of the Council for exemption from political restriction under Sections 1 and 2 of the Local Government and Housing Act 1989 in respect of the post held by that officer and, where appropriate, to direct the Council that the post shall not be considered to be a politically restricted post and that the post be removed from the list maintained by the Council under Section 2(2) of that Act.
13. To consider, in consultation with the Monitoring Officer, upon the application of any person or otherwise, whether a post should be included in the list maintained by the Council under Section 2(2) of the 1989 Act and, where appropriate, to direct the Council to include a post in that list.
Designations
14. For the purposes of this Scheme of Delegation, the Head of Strategy and Equalities has the same delegated powers as Business Unit Managers.
15. For the purposes of this Scheme of Delegation, the Strategy Manager has the same delegated powers as Business Unit Managers.
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(b) EXECUTIVE DIRECTOR OF ADULTS' AND COMMUNITY SERVICES (EDACS)
The following delegated powers are subject to the Executive Director of Adults' and Community Services vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation, similar delegated authority to other appropriate officers. Any delegation of powers which is made by the Executive Director of Adults' and Community Services, in addition to those specified in this Scheme of Delegation, must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Executive Director of Adults’ and Community Services is authorised to act on behalf of the Council on all matters relating to the discharge of the Adults’ and Community Services functions of the Council, which include but are not limited to community care services, residential homes, day care, sheltered housing, registration health-related issues, sports & recreation, parks and open spaces, cemeteries, libraries, arts and community safety.
2. To grant consent on behalf of the Council and pursuant to Section 31(2) of the Anti-Social Behaviour Act 2003, to the giving of an authorisation by a police officer of or above the rank of superintendent, pursuant to section 30(2) of the Act (dispersal of groups and removal of persons under 16 to their place of residence).
3. In accordance with the Financial Regulations, the Executive Director of Adults' and Community Services delegates management of the income and expenditure of the Department to Unit managers and management of capital expenditure and disposal transactions to named officers.
4. Procurement of care placements – (i.e. individual placements that fall outside of any block contracting arrangements) are excluded from the requirement to go through the commissioning procedure detailed in the Procurement Guide i.e. they do not have to be approved through the Strategic Commissioning Board.
5. (a) A general waiver is granted for the need to tender such requirements acknowledging at all times that the Council has a duty to achieve "best value" in making such placements.
(b) Adult and Community Services operate an internal mechanism that requires the approval of no less than a Divisional Director for all new placements where the aggregated value exceeds £250,000 over 48 months and that a periodic review procedure for all placements (existing and new) is in place in order to continue to demonstrate value for money and best value.
6. Approval of the Building Partnership in Health and Social Care plan.
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7. Voluntary Sector Grant Approval and withdrawals.
8. To discharge on behalf of the Chief Executive the functions of the "responsible person" under The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 by being responsible for ensuring compliance with the arrangements made under the said Regulations for the handling and consideration of complaints in relation to the Council's Adult's Social Services functions and, in particular, ensuring that action is taken as necessary in the light of the outcome of a complaint.
9. To designate an officer as the Complaints Manager, to be responsible for managing the procedures for handling and considering complaints in relation to the Council's Adult's Social Services functions in accordance with the arrangements made under The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.
10. Declarations of Local Nature Reserves in the London Borough of Lambeth, in consultation with the Cabinet Member for Culture, Leisure and the Olympics.
Decisions Delegated to Divisional Directors and Assistant Directors within their areas of managerial responsibility
11. To promote or authorise applications for anti-social behaviour orders and closure orders on behalf of the Council, including but not limited to the following:
(a) To promote on behalf of the Council and pursuant to Section 2(a) of the Anti-Social Behaviour Act 2003 (“the Act”), to the giving of an authorisation by a police officer of or above the rank of superintendent, pursuant to section 1(2) of the Act (the issue of a closure notice in relation to premises used in connection with the unlawful use, production or supply of a Class A controlled drug and associated with disorder and serious nuisance). (b) To promote on behalf of the Council and pursuant to Section 11A (2) of the Act, to the giving of an authorisation by a police officer of or above the rank of superintendent, pursuant to section 11A(2) of the Act, or to authorise pursuant to section 11A(3) of the Act (the issue of a Part 1A closure notice in relation to premises used or associated with persistent disorder or nuisance). (c) To promote on behalf of the Council and pursuant to Section 1 of the Crime and Disorder Act 1998 the application for anti-social behaviour orders.
12. The authority to act, with the agreement of the Chief Executive, during any declared civil emergency.
Decisions Delegated to Business Unit Managers within their areas of managerial responsibility
13. Decisions on Parks lettings (Head of Operations).
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(c) EXECUTIVE DIRECTOR OF CHILDREN AND YOUNG PEOPLE'S SERVICE (EDCYPS)
The following delegated powers are subject to the Executive Director of Children and Young People's Service vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation similar delegated authority to other appropriate officers. Any delegation of powers that is made by the Executive Director of Children and Young People's Service in addition to those specified in this Scheme of Delegation must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Executive Director of Children and Young People’s Service is authorised to act on behalf of the Council on all matters relating to the discharge of the functions of the Council as a Local Education and Children’s Services Authority.
2. In accordance with Financial Regulations, the Executive Director of Children and Young People’s Service delegates management of the income and expenditure of the Department to managers of Service Units and management of capital expenditure and disposal transactions to named officers.
3. Due to the higher rates for the care placements for children, special dispensation is required to minimise potential disruption to care provision in a sensitive service area. The following revisions for officers in Children and Young Peoples Service have been approved:
Limit for Purchase Orders Position £156,000 Head of Service / Assistant Director £100,000 BU Manager £62,400 Practice Manager £26,000 Deputy Practice Manager
4. Children and Young Peoples' Service operate an internal mechanism that requires the approval of no less than a Divisional Director for all new placements where the aggregate value exceeds £250,000 over 48 months and that a periodic review procedure for all placements (existing and new) is in place in order to continue to demonstrate value for money and best value.
Delegations to Divisional Directors and Assistant Directors
5. Secure Orders for Children over the age of 13 years. 6. Decisions of Adoption Panel. 7. Decisions of Fostering Panel. 8. Approval of grants from the Grants Development Fund. 9. Chair of the Children’s & Young People’s Service Commissioning Board.
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(d) EXECUTIVE DIRECTOR OF FINANCE AND RESOURCES (EDFR)
The following delegated powers are subject to the Executive Director vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation, similar delegated authority to other appropriate officers. Any delegation of powers that is made by the Executive Director of Finance and Resources in addition to those specified in this Scheme of Delegation must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Executive Director of Finance and Resources, as the officer responsible for the proper administration of the Council’s financial affairs, pursuant to section 151, Local Government Act 1972 is authorised to act on behalf of the Council on all matters relating to the discharge of the Finance functions of the Council, which include but are not limited to the certification of the Council’s statement of accounts, the collection and administration of rates, housing benefit and council tax, rent officers, insurance, pensions, long-term borrowing, Business Improvement Districts, audit and procurement functions. He/she is also authorised to act on behalf of the Council in relation to the discharge of certain other corporate functions which include but are not limited to the Council’s Governance & Democracy, youth council, scrutiny, central support services, information technology, customer services and corporate complaints.
2. The authority to act on pensions matters includes the administration of actuarial valuations and the implementation of contribution rates as approved by Council. This power must be exercised in consultation with the Cabinet Member for Finance and Resources.
3. Approval of all changes to the Financial Procedures which supplement the Financial Regulations, subject to the requirement that any changes to the Financial Regulations themselves must be approved by full Council.
4. Subject to the approval of the Strategic Leadership Board to agree changes to financial limits in Part 2-Section 4 of the Constitution from time to time to reflect the effect of inflation or to ensure the efficient and effective delivery of service.
5. The authority to move projects from the Capital Investment Pipeline to the Capital Investment Programme as and when additional funding becomes available, in consultation with the Strategic Asset Management Group and the Asset Management Cabinet Advisory Panel.
6. The authority to increase the Capital Investment Programme by the value of any external resources the council receives in addition to those set out in the budget, in consultation with the Strategic Asset Management Group and the Asset Management Cabinet Advisory Panel.
7. Arranging for statutory payments to be made to Government Agencies and Departments including, but not limited to, GLA precepts, payments of
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Income Tax and National Insurance contributions, housing capital receipts to the DCLG etc.
8. The authority to conduct or defend any legal proceedings in any court or tribunal relating to any of the Council's functions, and to settle or discontinue such proceedings (including the compromise of matters where proceedings are, or may be, contemplated) where appropriate in the best interests of the Council is delegated to the Director of Governance and Democracy.
9. The Head of Legal Services and Principal and Senior Lawyers are authorised to sign documents on the Council's behalf (including attestation of the Council's Seal) and to institute and defend proceedings.
10. The authority to appoint members and other Council representatives to Council committees, sub-committees, and other bodies and on outside organisations in accordance with the allocation of seats to the party groups and on the nomination of the Whip of the party group concerned is delegated to the Director of Governance and Democracy and, in his/her absence, to the Head of Democratic Services & Scrutiny or Head of Legal Services.
11. The authority to make arrangements, in consultation with the Chair and Vice-Chair of Overview and Scrutiny Committee and Health Scrutiny Sub Committee, for establishing Joint Health Scrutiny Committees whenever such a committee needs to be established and a meeting needs to be arranged before the next scheduled meeting of Overview and Scrutiny Committee, is delegated to the Director of Governance and Democracy and, in his/her absence, to the Head of Democratic Services & Scrutiny or Head of Legal Services.
12. The authority to grant dispensations to councillors, co-opted members and church and parent governor representatives from requirements relating to interests set out in the Members’ Code of Conduct and associated local protocols, is delegated to the Director of Governance and Democracy, subject to a right of appeal to the Standards Committee. In exercising this power, the Director of Governance and Democracy will consult with members of the Standards Committee, other councillors, or the Independent Person, should he/she deem it necessary.
13. The power to approve the naming and numbering of streets and buildings in the borough in all cases where there are no unresolved objections is delegated to the Assistant Director of Contracts, Information & Projects, ICT Services. Any case where an unresolved objection exists must be referred to Corporate Committee for decision.
14. The power to individually authorise borrowing arrangements for up to 3 days and up to a maximum value of £20m that are for the sole purpose of cash flow management is delegated to each of the following officers: the Divisional Director Corporate Finance and the Treasury Manager.
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(e) EXECUTIVE DIRECTOR OF HOUSING, REGENERATION AND ENVIRONMENT (EDHRE)
The following delegated powers are subject to the Executive Director of Housing, Regeneration and Environment vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation, similar delegated authority to other appropriate officers. Any delegation of powers made by the Executive Director of Housing, Regeneration and Environment, in addition to those specified in this Scheme of Delegation, must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Executive Director of Housing, Regeneration and Environment is authorised to act on behalf of the Council on all matters relating to the discharge of the Regeneration, Housing and Environmental functions of the Council, which include but are not limited to all functions under the provisions of housing legislation, public sector (HRA) and private sector housing, homelessness, the administration of grants for improvement and repair of properties, housing strategy, regeneration, economic development, investment strategy, town planning and development control, management of corporate property, valuation services, adult education and Area services, building control, environmental health, noise pollution, street care, transport & highways, parking, consumer protection, sustainability, waste collection and disposal and licensing.
2. Approval of garage rents and estate parking charges in consultation with the relevant Cabinet Member and with the agreement of the Executive Director of Finance and Resources.
3. The authority to determine town planning applications and to discharge all other functions concerning planning and development control (including but not limited to advertisement control, listed building and conservation area control and tree preservation orders) and related matters, including enforcement decisions and actions, as set out in paragraph 1 above, is delegated to the Divisional Director (Planning, Regeneration and Enterprise).
4. The authority to determine applications for consent under the Rush Common Act 1806 is delegated to the Divisional Director (Planning, Regeneration and Enterprise), subject to the proviso that applications that he or she considers should be approved will be determined by Corporate Committee. In addition, the power to take any related enforcement decisions and actions is delegated to the Divisional Director (Planning, Regeneration and Enterprise).
5. The following powers are delegated to the Head of Asset Strategy in consultation with the Strategic Asset Management Group:
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(a) Other than properties which are subject to the right to buy, the authority to dispose of land and property, in accordance with the Disposals Programme as agreed annually by the Cabinet, is delegated to the Head of Asset Strategy.
(b) In the event that the Head of Asset Strategy proposes to dispose of any land or property which is not included in the Disposal Programme (other than those required by statute), prior approval to the disposals must be obtained from the Executive Director of Finance and Resources and the Executive Director for the department that is responsible for the land or property and the Cabinet Member for Finance and Resources.
(c) Ward Members must be given 5 working days to comment on all reports that relate to the exercise of these delegated powers (other than reports that are considered by Cabinet).
(d) A schedule of Decisions taken under these powers should be reported to Cabinet as part of the following year’s disposal report.
(e) The authority to grant and acquire leases for terms of up to 20 years subject to a rental limit of £200,000 per annum and the cost being contained within existing budgets is delegated to the Head of Asset Strategy. The authority to grant leases for terms of more than 20 years subject to a rental limit of £200,000 per annum is delegated to the Head of Asset Strategy in consultation with the Executive of Director of Finance & Resources and the Cabinet Member for Finance and Resources.
(f) The authority to dispose of properties to occupant voluntary sector organisations for the best consideration that can reasonably be obtained.
(g) The authority to grant and acquire wayleaves and easements for lease terms of up to 125 years, i.e. installations by utility companies, is granted to the Head of Asset Strategy where any cost can be contained within existing budgets.
Decisions delegated to Divisional Directors and Assistant Directors
6. To make grants for improvement and repair under the Housing Act (1985) Part XV and Local Government and Housing Act (1989) Part VIII and to exercise discretionary powers to waive repayment of renovation grants where there has been a breach of grant conditions.
7. The authority to consider objections received from statutory consultation as part of the Traffic Order Making Process. NB - Subject to a formal report setting out the objections, with clear recommendations being submitted for approval.
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8. To consider and approve reports on proposed road safety schemes.
9. The power to make, amend or revoke a traffic order following consideration of such objections.
10. The authority to negotiate with Western Riverside Waste Authority.
11. The authority to enter into agreements with external authorities, agencies or organisations including the GLA, GOL and the Greater London Mayor’s Office.
12. Any temporary or emergency building or service closure to last over one week.
13. Any planned building or service closure over one month.
14. Outside representation for Government (or similar body) in exercise of their statutory supervisory powers.
15. The authority to act, with the agreement of the Chief Executive, during any declared Civil Emergency
Decisions delegated to Heads of Service
16. The authority to initiate formal statutory consultation on a scheme or any part of a scheme following informal non-statutory consultation. NB- Subject to a formal report being submitted for approval.
17. Following financial approval by the Cabinet, to consider and approve the detailed delivery of local traffic and highways schemes (including controlled parking zones) which have been included within the Councils overall programme.
18. The authority to approve any land exchange arising from highway or town and country planning powers for highways or traffic purposes. NB - Subject to submission of a formal report.
19. To approve discretionary payments for the equivalent of home loss and disturbance under the Land Compensation Act (1973).
20. To join representative and professional bodies on behalf of the Council.
21. To sign notices and to authorise officers in and for the department to carry out enforcement duties as required within relevant legislation.
22. To make grants for improvement and repair under the Housing Act (1985) Part XV and Local Government and Housing Act (1989) Part VIII over £50,000 .
23. To determine appeals from homeless applicants wishing to refuse offers of permanent accommodation.
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24. Legal action in relation to parking permit fraud.
25. The authority to enter into agreements for the collection of commercial waste (Head of Environmental Services and Highways).
26. Legal action in relation to Consumer Protection matters (Head of Consumer Protection and Sustainability).
27. Signing of short-term building and office accommodation leases.
28. The authority to authorise the drafting and sign the publication and making of temporary Traffic Regulation Orders (Head of Transportation).
29. The authority to make and sign permanent or experimental traffic orders where no objection has been received (Head of Transportation). NB – Requires a signed document to be kept declaring no objections received.
30. The authority to publish and sign Traffic Orders, following consideration of the objections and delegated decision by the Divisional Director of Public Realm (Head of Transportation).
31. The authority to negotiate and conclude highways agreements arising from planning consents or highways adoptions that do not involve land exchanges (Head of Transportation and Head of Environmental Services and Highways)
Decisions delegated to Business Managers within their Business Unit
32. To exercise the powers of the Council under Part IV of the Housing Act (1985), relating to securing possession of Council dwellings, eviction of secure tenants, non-secure tenants and licensees from Council accommodation in accordance with Council policy.
33. Initiation of distraint procedures against tenants with rent arrears.
34. To instruct bailiffs for the purpose of collecting parking and rent arrears and debts.
35. To exercise the Council's powers when acting on behalf of a protected intending occupier under Section 7 of the Criminal Law Act (1977) in respect of squatted and empty properties.
36. To approve advances for the improvement or repair of dwellings in accordance with the Council's policy.
37. To make grants for improvement and repair under the Housing Act (1985) Part XV and Local Government and Housing Act (1989) Part VIII up to £50,000.
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38. To exercise the powers and duties of the Council relating to applications from homeless persons under Part VII of the Housing Act (1996), in accordance with Council policy.
39. To determine whether a person presenting as homeless under the Housing Acts is intentionally homeless and whether an offer of accommodation should be made.
40. To maintain and operate the Council's Housing Register and to allocate Council properties.
41. Any temporary or emergency building or service closure to last up to one week.
42. Any planned building or service closure up to one month.
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Section 4, Part B: Financial Regulations
Financial Control Framework
A.1 The following framework of financial administration exists at Lambeth Council in accordance with Section 151 of the Local Government Act 1972, which requires that every local Authority in England and Wales should “make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.” The framework comprises:
Scheme of Delegation: part of the Council’s rules governing its own financial procedures, including the delegation of authority to councillors and officers
Financial Regulations: part of the Council’s rules made to provide a framework for its financial procedures and contract standing orders
Financial Procedures: more detailed procedures for use at officer level, prescribed by the Executive Director of Finance and Resources
Contract Standing Orders: prescribed by the Executive Director of Finance and Resources to provide a framework for its contract procedures
The four parts of the framework (the Scheme of Delegation, Financial Regulations, Financial Procedures and Contract Standing Orders) must be used together.
Devolution of Financial Management and Accounting
A.2 The Council seeks to unite service operational responsibility with financial and budgetary responsibility. It aims to empower managers and give them the tools to deliver high quality services. Part of that empowerment is to give them control of the resources needed to deliver the service so that they can plan and use those resources to obtain the maximum benefit for the service. Equally the Council must balance responsiblities with protection for officers so that officers know what they are responsible for but there are clear limits to those responsibilities and officers are not overwhelmed. Where officers do not have the authority these Regulations aim to set out clear routes for approval that enable decisions to be made with proper review in the light of the resources involved.
A.3 From April 2002, there has been a single corporate accounting system in place. The Council is committed to improving the integration of its financial systems in order to improve finance control and management.
Status of Financial Regulations
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B.1 Financial regulations provide the framework for managing the Authority’s financial affairs. They apply to every Councillor and officer of the Authority and anyone acting on its behalf.
B.2 The regulations identify the financial responsibilities of the full Council, Cabinet, Overview & Scrutiny members, the Chief Executive, the Monitoring Officer (the Director of Governance and Democracy), the Chief Finance Officer (the Executive Director of Finance and Resources), other Chief Officers and all staff of the Council. Chief Officers should ensure that they maintain records where decision making has been delegated to members of their staff, including seconded or temporary staff. Where decisions have been delegated or devolved to other responsible officers, such as school governors, references to the chief officer in the regulations should be read as referring to them. The Scheme of Delegation states which officers should maintain this decisions register.
B.3 All Councillors and staff have a general responsibility for taking reasonable action to provide for the security of the assets under their control, and for ensuring that the use of these resources is legal, is properly authorised, provides value for money and achieves best value.
B.4 The Executive Director of Finance and Resources is responsible for maintaining a continuous review of the financial regulations and submitting any additions or changes necessary to the full Council for approval. The Executive Director of Finance and Resources is also responsible for reporting, where appropriate, breaches of the financial regulations to the Council and/or to the Cabinet members.
B.5 The Council’s detailed financial systems and processes, setting out how the regulations will be implemented, are contained in the Financial Procedures, appended to the Financial Regulations.
B.6 Chief Officers are responsible for ensuring that all staff in their departments are aware of the existence and content of the Council’s financial regulations and other internal regulatory documents and that they comply with them. They must also ensure that an adequate number of copies are available for reference within their departments.
B.7 The Executive Director of Finance and Resources is responsible for issuing advice and guidance to underpin the financial regulations that members, officers and others acting on behalf of the Council are required to follow.
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Financial Management
Introduction
C.1 Financial management covers all financial accountabilities in relation to the running of the Authority, including the policy framework and budget.
The Full Council
C.2 The full Council is responsible for adopting the Authority’s Constitution and Councillors’ code of conduct and for approving the policy framework and budget within which the Cabinet operates. It is also responsible for approving and monitoring compliance with the Authority’s overall framework of accountability and control. The framework is set out in its constitution. The full Council is also responsible for monitoring compliance with the agreed policy and related Cabinet decisions.
C.3 The full Council is responsible for approving procedures for recording and reporting decisions taken. This includes those key decisions delegated to officers by the Cabinet and decisions taken by the Council and its committees. These delegations and details of who has responsibility for which decisions are set out in the constitution.
The Executive
C.4 The Cabinet is responsible for proposing the policy framework and budget to the full Council, and for discharging Executive functions in accordance with the policy framework and budget.
C.5 Executive decisions can be delegated to a committee of the Cabinet, or an officer, or a joint committee.
Committees of The Council With Financial Responsibility
Overview & Scrutiny Committee and Sub-Committees
C.6 The Overview & Scrutiny Committee and its sub-committees are responsible for scrutinising Executive decisions after they have been implemented and for holding the Executive to account. The Overview & Scrutiny Committee and its sub-committees are also responsible for making recommendations on future policy options and for reviewing the general policy and service delivery of the Authority.
Corporate Committee
C.7 The Corporate Committee discharges various non-executive functions on behalf of the Council.
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Standards Committee
C.8 The Standards Committee is established by the full Council and is responsible for promoting and maintaining high standards of conduct amongst Councillors. In particular, it is responsible for advising the Council on the adoption and revision of the members’ code of conduct, and for monitoring the operation of the code.
Statutory Officers
Chief Executive
C.9 The Chief Executive as Head of Paid Service is responsible for the corporate and overall strategic management of the Authority as a whole. He or she must report to and provide information for the Cabinet, the full Council, the Overview & Scrutiny Committee and other committees. He or she is responsible for establishing a framework for management direction, style and standards and for monitoring the performance of the organisation. The Chief Executive is also responsible, together with the Monitoring Officer, for the system of record keeping in relation to all the full Council’s decisions (see below).
Monitoring Officer (Director of Governance and Democracy)
C.10 The Monitoring Officer is responsible for promoting and maintaining high standards of financial conduct and therefore provides support to the Standards Committee. The Monitoring Officer is also responsible for reporting any actual or potential breaches of the law or maladministration to the full Council and/or to the Cabinet, and for ensuring that procedures for recording and reporting key decisions are operating effectively.
C.11 The Monitoring Officer must ensure that Cabinet decisions and the reasons for them are made public. He or she must also ensure that Council members are aware of decisions made by the Cabinet and of those made by officers who have delegated Executive responsibility.
C.12 The Monitoring Officer is responsible for advising all Councillors and officers about who has authority to take a particular decision.
C.13 The Monitoring Officer is responsible for advising the Cabinet or full Council about whether a decision is likely to be considered contrary or not wholly in accordance with the policy framework.
C.14 The Monitoring Officer (together with the Executive Director of Finance and Resources) is responsible for advising the Cabinet or full Council about whether a decision is likely to be considered contrary or not wholly in accordance with the budget. Actions that may be ‘contrary to the budget’ include:
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initiating a new policy committing expenditure in future years to above the budget level incurring interdepartmental transfers above virement limits causing the total expenditure financed from Council tax, grants and corporately held reserves to increase, or to increase by more than a specified amount.
C.15 The Monitoring Officer is responsible for maintaining an up-to-date constitution.
C.16 Pursuant to the above, the Monitoring Officer (in his role as Director of Governance and Democracy) is responsible for maintaining a system for providing legal advice to those bodies listed at C.2-C.9 inclusive, and such others as may from time to time be necessary. In summary, the objective of this system shall be that all reports to such formally constituted bodies contain specific advice on behalf of the Director of Governance and Democracy, approved by an officer of the Legal Services department, and that no reports to such bodies shall be submitted without advice and, where appropriate, authorisation from the Director of Governance and Democracy or his authorised nominee.
Chief Finance Officer (Executive Director of Finance and Resources)
C.17 The Executive Director of Finance and Resources has statutory duties in relation to the financial administration and stewardship of the Authority. This statutory responsibility cannot be overridden. The statutory duties arise from: Section 151 of the Local Government Act 1972 The Local Government Finance Act 1988 The Local Government and Housing Act 1989 The Accounts and Audit Regulations 2011 The Local Government Act 2003
C.18 The Executive Director of Finance and Resources is responsible for: the proper administration of the Council’s financial affairs setting and monitoring compliance with financial management standards issuing and keeping under review the Financial Procedures and Contract Standing Orders advising on the corporate financial position and on the key financial controls necessary to secure sound financial management ensuring proper professional practices are followed within the authority providing financial information making arrangements for the prepation of the revenue budget and capital programme treasury management
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selecting appropriate accounting policies and procedures and ensuring they are applied consistently arranging for the compilation of all accounts and accounting records preparing and publishing the annual statement of accounts in accordance with the Code of Practice on Local Authority Accounting in the United Kingdom: A Statement of Recommended Practice (Chartered Institute of Public Finance and Accountancy) and any successor codes, guidelines or regulations
C.19 Section 114 of the Local Government Finance Act 1988 requires the Executive Director of Finance and Resources to report to the full Council, Cabinet and external auditor if the Authority or one of its officers: has made, or is about to make, a decision which involves incurring unlawful expenditure has taken, or is about to take, an unlawful action which has resulted or would result in a loss or deficit to the Authority is about to make an unlawful entry in the Authority’s accounts
C.20 Section 114 of the 1988 Act also requires: the Executive Director of Finance and Resources to nominate a properly qualified member of staff to deputise should he or she be unable to perform the duties under section 114 personally the Council to provide the Executive Director of Finance and Resources with sufficient staff, accommodation and other resources – including legal advice where this is necessary – to carry out the duties under section 114
C.21 Pursuant to the above, the Executive Director of Finance and Resources is responsible for maintaining a system for providing financial advice to those bodies listed at C.2-C.9 inclusive, and such others as may from time to time be necessary. In summary, the objective of this system shall be that all reports to such formally constituted bodies contain specific advice on behalf of the Executive Director of Finance and Resources, approved by an officer of the Finance and Resources department, and that no reports to such bodies shall be submitted without advice and, where appropriate, authorisation from the Executive Director of Finance and Resources.
Chief Officers
C.22 Chief Officers are responsible for ensuring that Cabinet members are advised of the financial implications of all proposals and that the financial implications have been agreed by the Executive Director of Finance and Resources.
C.23 It is the responsibility of Chief Officers to consult with the Executive Director of Finance and Resources and seek approval on any matter liable to affect the Council’s finances materially, before any commitments are incurred.
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Divisional Directors of Resources’ Responsibilities
C.24 To ensure that all financial activity and systems within their departments are in accordance with the Scheme of Delegation, Financial Regulations, Financial Procedures and the Contract Standing Orders.
C.25 Where financial activity and systems within their departments is not in accordance with the Scheme of Delegation, Financial Regulations and the Financial Procedures, to report any concerns and identify appropriate solutions to their Executive Director. Where solutions are not being implemented this should be raised with the Executive Director of Finance and Resources.
C.26 To ensure that any additional controls they deem necessary in order to discharge their responsibilities are put in place and adhered to.
C.27 To report any unlawful expenditure to the Executive Director of Finance and Resources and their Executive Directors immediately it is realised that is is about to take place or has taken place.
C.28 To confidentially advise the Executive Director of Finance and Resources and Chief Internal Auditor of any fraudulent activity and other losses through error and mismanagement by any party connected with or employed by the Council.
C.29 To liase with the Executive Director in agreeing the annual audit plan of Departments. To report to the Executive Director of Finance and Resources any concerns where an audit is considered necessary but is not being undertaken.
C.30 To ensure that appropriate timely arrangements are in place to sign off the financial implications of all reports prior to their submission to any of the bodies listed at C.2-C.9 and other Boards as appropriate, and that such arrangements comply with the requirements set out in C.21.
C.31 To be a full-time member of the Departmental Leadership Team.
C.32 To maintain a record of responsibility for budgets, such that every business unit/cost centre combination recorded on the accounting system has one and only one appointed officer who is the person with responsibility for managing the budget. This record must comply with the requirements set out in the Corporate Scheme of Delegation.
Business Unit Managers’ Responsibilities
C.33 To ensure that all financial activity and systems within their business units is in accordance with the Scheme of Delegation, Financial Regulations and the Financial Procedures.
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C.34 Where financial activity and systems within their business units is not in accordance with the Scheme of Delegation, Financial Regulations and the Financial Procedures, to report any concerns and identify appropriate solutions to their Assistant Director or Director or Divisional Director. Where solutions are not being implemented this should be raised with their Divisional Director of Resources.
C.35 To ensure that any additional controls they deem necessary in order to discharge their responsibilities are put in place and adhered to.
C.36 To report any unlawful, fraudulent and / or inappropriate financial acivity to the departmental Divisional Director of Resources immediately it is realised that is is about to take place or has taken place. Divisional Directors should advise their Executive Director immediately.
Other Financial Accountabilities
Virement
C.37 Revenue budget virements are transfers of budgeted expenditure or income in the Oracle financial system that do not increase the council’s overall cash limit.
C.38 Capital budget virements are transfers of budgeted expenditure and resources from one project to another project within the approved capital programme (as defined in Financial Regulations). They do not increase the council’s overall capital budget.
C.39 The authorisation required for budget virements is set out in the Corporate Scheme of Delegation.
Treatment of year-end balances
C.40 Revenue. Year end overspends and underspends on general fund services will be met from or supplement general reserves in the absence of any specific decision by the Executive Director of Finance and Resources.
C.41 Capital. The Capital Investment Programme is a multi-year budget in which most projects feature for more than one year. However, the legisaltive framework of capital controls required capital expenditure to be financed annually. Accordingly, year-end overspends must always be financed and will be required to be met from either a later year of the same scheme (if appropriate) or from another capital budget within the same department, on the authority of the relevant Divisional Director of Resources. The Executive Director of Finance and Resources may agree exceptions to this where circumstances warrant it.
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C.42 Year end underspends (against the re-profiled budget agreed by Council in February of that year) will be re-profiled to a later budget year if the project is continuing, or collected corporately if the project has been completed or is being stopped.
C.43 The application of capital resources to finance capital expenditure in accordance with proper accounting practice is required to enable the closedown of accounts and the production of the Financial Statements. The Executive Director of Finance and Resources will have regard to the estimated financing set out in the Capital Investment Programme when determining the application of resources.
C.44 The application of resources referred to above does not constitute a budget virement. The effect of capital financing on expenditure and funding budgets will be reflected in a revised Capital Investment Programme agreed by Council as part of the July Finance Review.
Accounting policies
C.45 The Executive Director of Finance and Resources is responsible for selecting accounting policies and ensuring that they are applied consistently.
Accounting records and returns
C.46 The Executive Director of Finance and Resources is responsible for determining the accounting procedures and records for the Council.
The annual statement of accounts
C.47 The Executive Director of Finance and Resources is responsible for ensuring that the annual statement of accounts is prepared in accordance with the Code of Practice on Local Authority Accounting in the United Kingdom: A Statement of Recommended Practice (CIPFA / LASAAC) and any successor codes, statutes or orders. The Corporate Committee is responsible for approving the annual statement of accounts.
C.48 The Executive Director of Finance and Resources is responsible for the preparation and publication of a Statement on Internal Control (SIC), following an annual review of the Council’s systems of internal controls with the financial statements in accordance with proper practices.
Financial Information System
C.49 For the avoidance of doubt, any use of the facility for “Vacation Rules” on the Oracle financial information system must be in compliance with the Council’s Scheme of Delegation and must not be used as routine delegation.
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Financial Planning
Introduction
D.1 This section deals with the frameworks and processes by which the financial situation of the Council is planned, controlled and reported.
D.2 The full Council is responsible for agreeing the Authority’s policy framework and budget, which will be proposed by the Cabinet. The council has adopted a Service and Financial Planning process to govern setting its service objectives and budgets.
Policy Framework
D.3 The full Council is responsible for approving the policy framework and budget. The policy framework comprises a number of statutory plans and strategies and is set out in Part 3 Section 3 of the constitution. The budget is part of the policy framework.
D.4 The budget includes the Financial Management Strategy which is therefore part of the policy framework.
Budgeting
Budget format
D.5 The general format of the budget will be approved by the full Council and proposed by the Cabinet on the advice of the Executive Director of Finance and Resources. The draft budget must include as a minimum:
proposed taxation levels departmental revenue cash limits estimates of revenue expenditure and resources over 3 years estimates of growth and savings over 3 years estimates of capital expenditure and resources over 3 years individual programme or project budgets for schemes within the capital programme disposals programme prudential indicators over 3 years
D.6 A separate budget must be approved by Cabinet for the Housing Revenue Account (HRA) on the advice of the Executive Director of Finance and Resources. The draft budget must include as a minimum:
Proposed rent levels Proposed service charge levels estimates of expenditure and resources over 3 years estimates of growth and savings over 3 years
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Budget preparation
D.7 The Executive Director of Finance and Resources is responsible for ensuring that the annual revenue budget is prepared in accordance with the Council’s integrated Service and Financial Planning process.
D.8 The Service and Financial Planning process is part of the Financial Procedures and sets out:
the stages in the cycle the roles and responsibilities of officers and members guidance for preparing budgets guidance for preparing growth and savings proposals
Budget frequency
D.9 The Revenue and Capital Budget is set annually by Council each February.
D.10 The July Finance Review updates the revenue and capital budgets in light of the outturn for the preceding financial year. It also affords the opportunity to update capital investment profiles and allocate additional capital resources.
D.11 The November Finance Review provides a mid-cycle review of performance, and the opportunity to update capital investment profiles and allocate additional capital resources.
Budget monitoring and control
D.12 The Executive Director of Finance and Resources is responsible for providing appropriate financial information to enable capital and revenue budgets to be monitored effectively. Financial information is reported to the Cabinet and Strategic Leadership Board on a monthly basis as part of the Finance Monitor. This report will detail the actual position in comparison to the budget, projected out-turn position and any proposed action to be taken by departments to deal with any variances..
D.13 The Financial Procedures set out the process for budget monitoring and control and also provide guidance. However, it is the responsibility of Chief Officers to control income and expenditure within their area and to monitor performance, taking account of financial information provided by the Executive Director of Finance and Resources and / or their own systems. They should also take any action necessary to avoid exceeding their budget allocation and alert the Executive Director of Finance and Resources if this cannot be achieved.
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Resource allocation
D.14 The Council uses its Service and Financial Planning process to allocate resources.
Maintenance of Reserves
D.15 It is the responsibility of the Executive Director of Finance and Resources to advise the Cabinet and / or the full Council on prudent levels of reserves for the Authority.
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Risk Management and Control of Resources
Introduction
E.1 The Accounts and Audit Regulations 2003, amended 2006 require that the Council ensures that its financial management is adequate and effective and that there is a sound system of financial control that facilitates the effective exercise of the Council’s functions and that includes risk management arrangements.
Risk Management
E.2 The Council is committed to establishing an effective risk management framework and culture to enable management at all levels to deliver their objectives in the light of those risks.
E.3 Risk is managed and in particular : Identified and assessed Mitigated Monitored And integrated into the Council’s business planning systems and arrangements
E.4 Risk assessments should be conducted followed by appropriate work to manage the risks identified.
E.5 This must be done before business plans are completed, so that the Council is able to identify any significant risks that could jeopardise delivery of business plans in the following year and for which appropriate actions will need to be taken.
E.6 A risk register has been introduced as a common corporate standard.
E.7 The Corporate Committee is responsible for approving the Council’s risk management policy statement and strategy and for reviewing the effectiveness of risk management.
E.8 The Executive Director of Finance and Resources is responsible for preparing the Council’s risk management policy statement and for promoting it throughout the Authority. The Executive Director of Finance and Resources is responsible for ensuring that the Council has appropriate and adequate insurance cover.
E.9 Chief Officers are responsible for establishing contingency plans for the security of assets and continuity of services in the event of system failure or disaster.
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Internal Control
E.10 Internal control refers to the systems of controls devised by management to help ensure the Authority’s objectives are achieved in a manner that promotes economical, efficient and effective use of resources and that the Authority’s assets and interests are safeguarded.
E.11 The Executive Director of Finance and Resources is responsible for advising on effective systems of internal control. These arrangements need to ensure compliance with all applicable statutes and regulations, and other relevant statements of best practice. They should ensure that public funds are properly safeguarded and used economically, efficiently, and in accordance with the statutory and other authorities that govern their use. Wherever possible systems of internal control should ensure that: -
there is adequate separation of duties between (a) the provision of information about sums due to or from the authority including calculating, checking and recording these sums and (b) the duty of collecting or disbursing them and
employees charged with the duty of examining or checking the accounts of cash transactions must whenever possible not be engaged in making these transactions.
E.12 It is management’s responsibility to maintain systems of risk management, internal control and governance. It is the responsibility of Chief Officers to establish sound arrangements for compliance with systems of internal control, for planning, appraising, authorising and controlling their operations in order to achieve continuous improvement, economy, efficiency and effectiveness and for achieving their financial performance targets.
Audit Requirements
E.13 The Council will conduct a review, at least once a year, of the effectiveness of its systems of internal control. The Council will also conduct, at least once a year, a review of the effectiveness of its system of internal audit. The findings of both reviews will be considered together by either the Corporate Committee or full Council. The Council will publish a statement of findings together with its accounts.
E.14 The Audit Commission is responsible for appointing external auditors to each local Authority. The basic duties of the external auditor are governed by Section 5 of the Audit Commission Act 1998.
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E.15 The Council may, from time to time, be subject to audit, inspection or investigation by external bodies such as HM Revenue and Customs, who have statutory rights of access.
E.16 The Executive Director of Finance and Resources is responsible for arranging an adequate and effective internal audit in order to examine the accounting records and systems of internal control of the Council in accordance with proper practices in relation to internal control. Proper internal control practices for internal audit are those contained within the Code of Practice for Internal Audit in Local Government in the United Kingdom, 2006.
E.17 Internal Audit will advise on whether the Council’s governance arrangements – appropriate risk management processes, control systems and operational procedures – are in place and operating properly. This scope will extend to systems or services provided wholly by, or in conjunction with other organisations, including partnership arrangements. Internal auditors will give assurance to all levels of management about the efficiency and effectiveness of operations, compliance with laws and regulations, and accuracy and reliability of management reporting. As part of this Internal Audit is responsible for embedding a mechansim to make this happen.
E.18 Internal auditors and external auditors shall have access for any necessary examination and audit, at all reasonable times, to all cash, property, documents, books of accounts and vouchers appertaining in any way to the finances and other operations of the Council, including those of partner organisations, and are entitled to require such explanations as may be reasonably considered necessary to satisfy themselves of the correctness of any matter under examination.
E.19 The Council’s Corporate Committee will perform the ‘Audit Committee’ role and the Chief Internal Auditor will build and maintain an effective working relationship between committee and internal audit. The Chief Internal Auditor will seek to balance being appropriately accountable to the committee, helping the committee to be effective and relationships with others, for example the Section 151 Officer.
Preventing Fraud and Corruption
E.20 The Council’s anti fraud aims will be achieved by a dedicated anti fraud function, investigation procedures, a prosecution policy, whistleblowing hotline, employee screening, awareness training, cross intelligence sharing and involvement in fraud prevention and awareness by all staff and stakeholders (residents and customers)
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E.21 The Council will continue to take fraud and other avoidable losses (arising from error or mismanagement) seriously and tackle it on all fronts. The Council’s fight against avoidable loss is an important aspect of its public accountability.
E.22 The Council has also issued ethical and governance standards so that staff and customers are guided on what is accepted custom and practice and what is not deemed to be acceptable. The Council will take appropriate action if these standards are breached.
E.23 The Executive Director of Finance and Resources is responsible for the development and maintenance of an anti-fraud and anti-corruption policy including a fraud response plan outlining the steps to be followed where staff suspect fraud.
E.24 All Chief Officers, business managers and staff are responsible for ensuring that the opportunities for fraud are minimised. Separation of duties, effective procedures and checks should prevent or deter fraud from occurring and all are responsible for ensuring that the Chief Internal Auditor and the Executive Director of Finance and Resources is informed at the earliest possible time of any incident or circumstance which gives rise to the suspicion that some kind of fraud, misappropriation or financial irregularity may be taking place or may have taken place, in connection with the activities of the Council.
E.25 Where the Council has suffered loss, restitution will be sought of any benefit or advantage obtained and the associated costs of recovery will be sought from individual(s) responsible for fraud.
Assets
E.26 The Integrated Property Asset Management and Financial Planning Framework articulates the council’s framework for property asset management. All officers are required to have regard to it when exercising delegations in relation to property.
E.27 With respect to the purchase and sale of assets all officers are required to act in accordance with the Scheme of Delegation.
E.28 Chief Officers should ensure that business managers maintain records of assets purchased and assets are properly maintained and securely held. They should also ensure that they have in place contingency plans for the security of assets and continuity of service in the event of disaster or system failure.
E.29 The rules for procuring, managing and disposing of IT products are laid out in the Council’s IT Standards, version 2.2, and Chief Officers should ensure that this guidance is followed.
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E.30 Business Unit Managers may dispose of assets through sale, donation or scrapping. For every disposal, the business unit manager must record the reasons for the disposal, and particularly must be able to demonstrate that the assets are obsolete or surplus to requirements. The limits for such disposals are set out in the Scheme of Delegation. Officers should assure themselves that the assets concerned are the property of the Council (rather than a leasing company) before disposing of them.
Treasury Management
E.31 The Council has adopted CIPFA’s Code of Practice for Treasury Management in Public Services.
E.32 The Executive Director of Finance and Resources is responsible for reporting to the full Council at least twice in each financial year on the activities of the treasury management operation and on the exercise of his or her delegated treasury management powers:
A proposed treasury management strategy for the coming financial year at or before the start of each financial year.
An annual report on the treasury management activity for presentation by 30th September of the succeeding financial year (full Council has delegated responsibility for the approval of this report to Corporate Committee).
E.33 All decisions on borrowing, investment or financing shall be delegated to the Executive Director of Finance and Resources, who is required to act in accordance with CIPFA’s Code of Practice for Treasury Management in Public Services.
E.34 All money in the hands of the Council is controlled by the officer designated for the purposes of section 151 of the Local Government Act 1972, referred to in the code as the Director of Finance.
E.35 The Executive Director of Finance and Resources is responsible for authorising the opening of new bank accounts and approving the financial limits of authorised signatories to bank accounts.
Staffing
E.36 The full Council is responsible for determining how officer support for Executive and non-Executive roles within the Council will be organised.
E.37 The Chief Executive is responsible for providing overall management to staff. He or she is also responsible for ensuring that there is proper use of the evaluation or other agreed systems for determining the remuneration of a job.
E.38 Chief Officers are responsible for controlling total staff numbers by:
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advising the Cabinet on the budget necessary in any given year to cover estimated staffing levels adjusting the staffing to a level that can be funded within approved budget provision, varying the provision as necessary within that constraint in order to meet changing operational needs the proper use of established appointment procedures.
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Systems and Procedures
Introduction
F.1 Sound systems and procedures are essential to an effective framework of accountability and control.
General
F.2 The Executive Director of Finance and Resources is responsible for the operation of the Council’s accounting systems, the form of accounts and the supporting financial records. Any changes made by Chief Officers to the existing financial systems or the establishment of new systems must be approved by the Executive Director of Finance and Resources. However, Chief Officers are responsible for the proper operation of financial processes in their own departments.
F.3 Any changes to agreed procedures by Chief Officers to meet their own specific service needs should be agreed with the Executive Director of Finance and Resources.
F.4 Records should be retained in adherance to the Council’s guidelines on retention of documents and the record management policy which is line with the Council’s IT policy and the Freedom of Information Act 2000. See H.1 to H.5 below.
F.5 Chief Officers should ensure that their staff receive relevant financial training that has been approved by the Executive Director of Finance and Resources.
F.6 Chief Officers must ensure that, where appropriate, computer and other systems are registered in accordance with data protection legislation. Chief Officers must ensure that staff are aware of their responsibilities under freedom of information legislation and the Computer Misuse Act 1990.
Income and Expenditure
F.7 It is the responsibility of Chief Officers to ensure that a proper scheme of delegation has been established within their area and is operating effectively. The scheme of delegation should identify staff authorised to act on the chief officer’s behalf, or on behalf of the Executive, in respect of payments, income collection and placing orders, together with the limits of their Authority. The Scheme of Delegation identifies approving procedures for writing off debts as part of the overall control framework of accountability and control. This is supplemented by the Financial Prodecures issued by the Executive Director of Finance and Resources. Copies of all schemes of delegation should be kept in a register after signing by the chief officer to show agreement with the scheme.
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F.8 The scheme of delegation and financial regulations apply to all expenditure, even where it is incurred in relation to external income and is therefore not part of a department’s cash limit. Consequently, the receipt of external income does not in itself provide the authority to incur expediture.
Payments to Employees and Members
F.9 The Divisional Director of Human Resources is responsible for all payments of salaries and wages to all staff, including payments for overtime, and for payment of allowances to members.
Taxation
F.10 The Executive Director of Finance and Resources is responsible for advising Chief Officers, in the light of guidance issued by appropriate bodies and relevant legislation as it applies, on all taxation issues that affect the Council.
F.11 The Executive Director of Finance and Resources is responsible for maintaining the Council’s tax records, making all tax payments, receiving tax credits and submitting tax returns by their due date as appropriate. NB: Payroll records, including PAYE and NIC returns are maintained by the Payroll Manager who reports to the Divisional Director of Human Resources.
Trading Accounts
F.12 It is the responsibility of the Executive Director of Finance and Resources to advise on the establishment and operation of trading accounts. It is Chief Officers’ responsibility to ensure that guidance on trading accounts issued by the Executive Director of Finance and Resources is adhered to.
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External Arrangements
Introduction
G.1 The Council provides a distinctive leadership role for the community and brings together the contributions of the various stakeholders. It must also act to achieve the promotion or improvement of the economic, social or environmental well-being of its area.
Partnerships
G.2 The Cabinet is responsible for approving delegations, including frameworks for partnerships. The Cabinet is the focus for forming partnerships with other local public, private, voluntary and community sector organisations to address local needs.
G.3 The Cabinet may delegate functions – including those relating to partnerships – to officers. These are set out in the scheme of delegation that forms part of the Council’s constitution. Where functions are delegated, the Cabinet remains accountable for them to the full Council.
G.4 The Chief Executive represents the Council on partnership and external bodies, in accordance with the scheme of delegation.
G.5 The Monitoring Officer is responsible for promoting and maintaining the same high standards of conduct with regard to financial administration in partnerships that apply throughout the Council.
G.6 The Executive Director of Finance and Resources must ensure that the accounting arrangements to be adopted relating to partnerships and joint ventures are proper. He or she must also consider the overall corporate governance arrangements and legal issues when arranging contracts with external bodies. He or she must ensure that the risks have been fully appraised before agreements are entered into with external bodies.
G.7 Chief Officers are responsible for ensuring that appropriate approvals are obtained before any negotiations are concluded in relation to work with external bodies.
External Funding
G.8 The Executive Director of Finance and Resources is responsible for ensuring that all funding notified by external bodies is received and properly recorded in the Council’s accounts in accordance with proper accounting practice.
G.9 The scheme of delegation and financial regulations apply to all expenditure, even where it is incurred in relation to external funding. Consequently, the receipt of external funding does not in itself provide the authority to incur expediture.
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G.10 The council has discretion over the application of un-ring-fenced grants. Accordingly, the application of un-ring-fenced grants should be determined as part of the Service and Financial Planning process.
Work For Third Parties
G.11 The Cabinet is responsible for approving the contractual arrangements for any work for third parties or external bodies.
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Retention of Records
H.1 Chief Officers, Business Managers and Headteachers of Schools shall be responsible for ensuring that records are carefully and systematically filed and retained for inspection by the Executive Director of Finance and Resources or agencies (e.g. HM Revenue and Customs).
H.2 The advised minimum periods for the retention of financial records are set out in the Financial Procedures. The list is not exhaustive and where there is uncertainty the advice of the Executive Director of Finance and Resources and/or the Director of Governance and Democracy must be sought. Periods referred to are in addition to the current year of account, which ends at the conclusion of the annual external audit of the Council’s accounts (i.e. usually the 31st December following the end of the financial year).
H.3 Records held locally in establishments shall be retained in accordance with approved local management schemes, which in turn must meet the Council’s standards.
H.4 The Executive Director of Finance and Resources or his representative shall have access to documents relating to such funds should it be deemed necessary.
H.5 A Records Management Policy has been created to meet the requirements of the Freedom of Information Act. This Policy applies to electronic records and to manual records (e.g. paper, microfiche). A record is any recorded material (usually a document) whether or not it is stored in a database or file.
Minimum controls
I.1 Maximum levels of authorisation are set out in the Scheme of Delegation.
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Section 5 – Joint Arrangements
Delegations to joint committees and other bodies
Functions discharged by London Councils Joint Committees:
London Councils Leaders’ Committee:
This committee comprises one councillor of each of the London Local Authorities (usually the councillor designated as the authority’s “Leader”, plus up to two named deputies).
Its functions include the following:
1. To consult on the common interests of the London local authorities and to discuss matters relating to local government.
2. To represent the interests of the London Local Authorities to national and local government, Parliament, the European Union and other bodies.
3. To formulate policies for the development of democratic and effectively managed local government.
4. To provide services to the London Local Authorities including the provision of information.
5. To provide information to the public, individuals and other organisations on the policies of the London Councils and other issues relevant to London.
6. To act for and on behalf of London Local Authorities in their role as employers, through the provision of a range of services.
7. To appoint councillors to serve on the Greater London Provincial Council and to represent the views of the London Local Authorities on pay and terms and conditions of service to the national negotiating body.
8. To review the needs of Greater London under the London Boroughs Grants Scheme, in accordance with which the London Local Authorities make grants to voluntary organisations within Greater London and to approve the budget proposed for the Scheme each year.
9. To consult with the London Councils Transport and Environment Committee (see below) regarding strategic policies and annual budget.
10.To establish an independent remuneration panel to make recommendations to the London Local Authorities regarding the payment of allowances to the councillors of those authorities.
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London Councils Transport and Environment Committee (LC TEC)
This committee comprises one councillors from each London local authority (usually the lead councillor for transport and/or environmental issues plus up to four named deputies) and a councillor from Transport for London (which is part of the Greater London Authority).
Its functions include the following:
1. To appoint and provide accommodation and support for Parking Adjudicators and to administer the Parking Appeals Service, which is an independent service for those wanting to appeal against a council’s decision on a parking ticket.
2. To set the level of penalties and other enforcement charges and the level of discount for early payment of penalties.
3. To set the level of penalties for decriminalised contraventions in bus lanes, and the level of discount for early payment of penalties.
4. To operate other parking services including the TRACE line, which provides 24-hour information on cars which have been towed away.
5. The publication of a code of practice on parking enforcement and the dissemination of parking enforcement information to drivers and the general public.
6. To co-ordinate and maintain vehicle clamping and removal operations.
7. To provide IT services to the London Local Authorities for DVLA enquiries, County Court debt registrations and warrants, borough payment information exchange and a persistent offenders database.
8. The production and maintenance of the parking attendants’ handbook of contravention codes.
9. To administer the Health Emergency Badge Scheme for doctors, nurses and health visitors.
10. To act as the National Joint awarding body for National Vocational Qualifications for Parking Attendants.
11. The establishment of London-wide parking schemes.
12. The establishment of London-wide parking schemes, including the setting of fixed penalties for offences under the London Local Authorities and Transport for London Act 2003 and London Local Authorities Act 2004.
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13. Any other functions that are required or permitted under the London Local Authorities and Transport for London Act 2003 and London Local Authorities Acts 2004 and 2007.
14. To manage on behalf of participating councils the Concessionary Fares (Freedom Pass) free ticket initiative for London’s senior citizens, blind and disabled people.
15. To administer the London Lorry Ban, which prevents lorries travelling down residential streets at night and at weekends.
16. To manage on behalf of participating councils the Taxicard Scheme, which provides free transport for London’s disabled community.
17. To take a borough-wide strategic overview on London’s transport policy and policy issues in planning, the environment, consumer protection, trading standards and waste.
London Councils Grants Committee
This committee comprises one councillor (plus up to four named deputies) from each London local authority.
Its functions include the following:
1. To keep under review the needs of Greater London and report to the Grants Committee and London Councils from time to time on a strategy for collective grant giving devised with due regard to those needs;
2. To draw up and submit for consideration and approval by the Grants Committee detailed criteria and policies for grant giving in the light of the agreed strategy;
3. To prepare and submit an annual budget for consideration by the Grants Committee and London Councils by the end of November each year for the financial year commencing the following April. This budget shall include the costs of staffing, office and support services considered necessary to facilitate the effective and efficient operation of the Scheme, as well as expenditure proposals for grant aid to eligible voluntary organisations, and any contingency provision;
4. To receive, assess and process grant applications from eligible voluntary organisations and report on them and make recommendations to the Grants Committee and or any Sub-Committees it may establish;
5. To administer the payment of approved grants to eligible voluntary organisations and monitor the use made of such funding;
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6. To convene and service meetings of the Grants Committee, its sub- committees and any other bodies established by it.
Sectoral Joint Committee (London Housing Unit Committee - LHUC)
This committee comprises one representative from each of the following member boroughs:
Barnet, Brent; Camden; Croydon; Ealing, Enfield; Greenwich; Hackney; Hammersmith and Fulham; Haringey; Hillingdon; Hounslow; Islington; Lambeth; Lewisham; Merton; Newham; Redbridge; Southwark; Tower Hamlets and Waltham Forest.
The Committee’s primary role is to provide a service to its member boroughs housing functions. This can include the activity of other housing agencies.
The service includes: provision, organisation and co-ordination of housing publicity and information such as on likely implications of changes in Government policy on rents. research, evaluation and analysis on housing policy and service delivery such as the effectiveness of different policies e.g. tenants participation, tackling racial harassment etc. publicity on the findings e.g. on the particular problems faced by private tenants on HB in London
The service also provides professional, administrative and technical assistance to member boroughs and other bodies in the preparation and implementation of specific projects. An example would be looking at the scope for managing priority homelessness demand.
Whilst the Service Plan is determined by LHUC and the bulk of it is specifically for LHUC member boroughs, part of the work is on behalf of the 33 boroughs as support to London Councils more generally. An example would be compiling the evidence for and analysing the case for London boroughs to have higher allowances for managing and maintaining council housing.
Functions discharged by other bodies:
Joint Scrutiny Committees (incl. Health)
Pursuant to s.32 Local Democracy, Economic Development and Construction Act 2009 joint overview and scrutiny committees may be set up by any two or more local authorities. Such committees may make reports and recommendations on any matter (other than excluded matters) and associated authorities may be required to provide any information to joint overview and scrutiny committees (other than that relating to crime and disorder matters).
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There are, broadly speaking, two distinct and separate roles for Joint Health Scrutiny Committees to discharge:
1. Pursuant to regulation 7 of the Local Authority (Overview and Scrutiny Committees Health scrutiny Functions) Regulations 2002, the Council and one or more other local authorities may, from time to time, decide to appoint a Joint Health Scrutiny Committee and arrange for it to review and scrutinise, in accordance with the Regulations, matters relating to the health service in the authorities’ area and to make reports and recommendations on such matters. 2. Where a local NHS body has under consideration any proposal for a substantial development of the health service in the authority’s area, or for a substantial variation in the provision of such service, the Health Scrutiny Sub-Committee must consider and make comments on the proposal by such date as may be specified by the local NHS body. Where the proposal relates to more than one local authority area, it must be considered by a Joint Health Scrutiny Committee appointed by each of the local authorities in question.
In view of the potential need to establish a Joint Scrutiny Committees at short notice or for reasons of urgency, and which may involve one or more other local authorities, the Executive Director of Finance & Resources is authorised to make arrangements for establishing Joint Scrutiny Committees, as appropriate and in consultation with the Chair and Vice Chair of Overview and Scrutiny Committee and the relevant Scrutiny Sub-Committee. These arrangements include, but are not limited to, agreeing with the other local authorities represented on the Joint Committee the specific terms of reference, constitution, membership and administrative arrangements.
Upper Norwood Joint Library Committee
The Joint Committee comprises of four councillors each from the London Boroughs of Lambeth and Croydon. At least two councillors from each party (i.e. the London Boroughs of Croydon and Lambeth) should represent the Upper Norwood area and at least one should have some executive responsibility for libraries.
The Joint Committee has the following functions:
1. To formulate policies and objectives of the Upper Norwood Joint Library.
2. To be responsible for the direction of the staff in order to facilitate the provision by the Joint Committee of the service or the carrying out of its other obligations, and to delegate such duties to the staff as may in the circumstances be reasonable.
3. To be responsible for the winding up of this service.
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Additional powers have been conferred on the Joint Committee to enable the Committee to create a Sub-Committee, and in particular to establish a Development Project Sub Committee.
Western Riverside Waste Authority
The Western Riverside Waste Authority (WRWA) is the statutory body formed to discharge the operational functions of waste disposal for the areas of the London Boroughs of Hammersmith & Fulham, Kensington & Chelsea, Lambeth, and Wandsworth. The Authority consists of two elected councillors from each of the constituent Councils.
Objective The objectives of the Authority are to:-
provide places for the deposit of refuse and to dispose of refuse delivered to those places; produce waste disposal plans; encourage reclamation and recycling of waste; dispose of waste arising from sites provide by Borough Councils for local residents to deposit refuse free of charge; dispose of abandoned vehicles; and make remunerative use of the operating capacity of the assets of the Authority.
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Section 4 – Scheme of Delegation and Financial Regulations
CONTENTS
Topic Page
Introduction 74
Delegation of Powers to the Chief Executive and Executive Directors 75
Corporate Scheme of Delegation 85
Departmental Schemes of Delegation
Delegation of Additional Powers to the Chief Executive 96
Delegation of Additional Powers to the Executive Director 98 of Adults' and Community Services
Delegation of Additional Powers to the Executive 100 Director of Children and Young People's Service
Delegation of Additional Powers to the Executive 101 Director of Finance and Resources
Delegation of Additional Powers to the Executive Director 103 of Housing, Regeneration and Environment
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Introduction
The Council has a statutory duty under s151 of the Local Government Act 1972 to “make arrangements for the proper administration of (our) financial affairs and… secure that one of (our) officers has responsibility for the administration of those affairs.” Accordingly, the Scheme of Delegation Part 2, Section 4 Part A provides information and guidance to Council officers and others on the various levels of delegated authorities that are exercised by the Council in carrying out its statutory functions. They are to be read in conjunction with such other Council wide procedures and related documentation as may be necessary and particular attention should be made to any financial requirements that are mentioned.
The Scheme of Delegation consists of three distinct categories: (a) the Introduction; (b) the Corporate Scheme of Delegation, which applies to the Chief Executive and all Executive Directors; and (c) additional powers which have been delegated individually to the Chief Executive and each Executive Director.
Financial Regulations Part 2, Section 4 Part B form a fundamental part of the working of the Council and can be found following the Scheme of Delegation.
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Section 4, Part A: Scheme of Delegation
DELEGATION OF POWERS TO THE CHIEF EXECUTIVE AND EXECUTIVE DIRECTORS
Introduction 1. General Principles
The Council is required under Section 100G of the Local Government Act 1972 and Section 15 of the Local Government Act 2000 to maintain its scheme of delegation for public inspection, and the scheme is maintained by the Governance and Democracy Division. Once approved by Council, the only amendments to the scheme of delegation that will be incorporated will be those approved by the Council and the Cabinet (in relation to the discharge of executive functions) or by the Council in relation to all other functions of the authority. Such amendments must be worded specifically (i.e. add to, delete from, amend specific paragraphs).
However, when a committee specifically instructs the Chief Executive, an Executive Director 1 or Divisional Director to undertake a task or when a delegated power is required for a period of less than six months, approval can be given by the relevant committee only (as the Council is not required to incorporate such powers in its scheme of delegation).
It is the responsibility and duty of chief officers and officers taking delegated decisions to ensure that matters of a potentially controversial or political nature, or involving significant changes in policy, are consulted upon with the relevant Cabinet Member and recorded or reported to the Cabinet, Council and/or committee as appropriate.
Where officers are contemplating a decision in connection with an executive function they should have careful regard to the following principles in deciding how this should be taken and recorded: (a) Is the proposed decision in connection with a function which as a matter of law is the responsibility of the authority’s executive? If not, then Regulation 13 of the Access to Information Regulations will not apply and the decision need not be subject to publication (either via a report to Cabinet or logging on Officer Decisions). If so it will. (b) Is the proposed ‘executive decision’ sufficiently important and/or sensitive so that a reasonable member of the public would reasonably expect it to be taken by an elected member decision-making body or the proposed decision to be notified beforehand? If so, the officer should arrange for it to be taken by Cabinet or published on Officer Decisions.
1 Executive Directors of Adults' and Community Services, Children and Young People's Service, Finance and Resources and Housing, Regeneration and Environment.
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Such reports should be subject to early consultation with the relevant Cabinet Member, and the final draft report should be cleared by them. The following officer decisions will be published on the Officer Decisions database for five clear days before the decision is taken: All officer key decisions. All officer non-key decisions involving resources between £100,000 and £500,000. Other important or sensitive issues that should be subject to pre- notification in the view of the Cabinet Member or Executive Director concerned (see also Access to Information rule 17). (c) Is the proposed executive decision one which affects only particular individuals as opposed to the public generally? If so, whilst the decision will need to be recorded in line with relevant requirements in Regulation 13(4), the information is likely to be exempt and if so publication will not be required. (d) Is a proposed decision merely administrative in nature with only a remote connection to an executive function? If so, on a purposive analysis, Regulation 13(4) is considered not to apply. There would also be no reasonable public interest in having statutory access to such a decision. (e) Is a potential decision so minor or routine or is otherwise one which would reasonably be considered to be of no interest to a reasonable member of the public? If so, again on the above purposive analysis, the requirements of Regulation 13(4) would not be considered to apply. Decision-takers will need to exercise discretion carefully in deciding: (a) the most appropriate forum for a particular decision and (b) whether the requirements of Regulation 13(4) can reasonably be considered to apply. A key consideration will always be a reasonable judgment of the public interest in the decision and what the public would reasonably expect in relation to arrangements for it. If in any doubt officers should take appropriate advice and consult with relevant elected members.
2. Operation of Delegated Powers within Departments
In addition to the powers delegated by the Council to the officers specified in this Scheme of Delegation, the Chief Executive and Executive Directors are authorised to make further arrangements within their Departments to:
Empower officers to implement specified decisions on their behalf. Schemes of delegation as approved by the Council are set out below under the Chief Executive and each Executive Director, and include specified delegations to Directors, Divisional Directors, Assistant Directors, Heads of Service and Business Unit Managers. The term "officer" in this context is not confined to a direct
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employee of the Council. The Council will occasionally need to appoint interim managers in senior positions via an agency or on a consultancy basis, who are likely to be required to exercise delegated powers as if they were a directly employed Council officer. Pursuant to the Scheme of Delegation detailed below, Executive Directors may specifically delegate powers to such persons to act as a Director, Divisional Director, Assistant Director, Head of Service or as a Business Unit Manager. This delegation must be made in writing and identify which elements of the Scheme of Delegation apply. The delegation must be time limited and therefore requires renewal and may not be for more than one year. However, any powers so delegated which remain unchanged following any revision to this Scheme of Delegation are deemed to be carried over for the purposes of acting under the revised scheme and the powers set out in any such delegation are deemed to remain operative if they are in substance unchanged, as is any delegation made under the previous version. For the avoidance of doubt, any such delegation will require renewal whenever there is a change in the post to which the delegation was granted. Where the delegated powers in question relate to financial transactions then the Executive Director of Finance and Resources must be consulted. Where the delegated powers relate to human resources issues then the Divisional Director of Human Resources must be consulted.
Give written advice to those officers on any exceptions to general empowerment (i.e. decisions to only be taken in consultation with themselves or other officers, Cabinet Members or other nominated persons).
Produce a tailored record-keeping system for decisions, including an audit trail.
3. Consultation
Under the provisions of the Local Government Act 2000, the Council has included relevant consultation arrangements for decision-making. The Constitution and forward plan make clear the expectations placed on the executive (Cabinet Members and officers) to consult before policy and significant operational decisions (i.e. “key decisions”) are made.
4. Preamble
The Chief Executive, all Executive Directors, Directors and Divisional Directors are designated Proper Officers of the Council pursuant to Section 234 of the Local Government Act 1972, and empowered to sign, pursuant to Section 270(3) of the Local Government Act, 1972, any notice, order or other document required to be made, given or issued to give effect to the
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powers delegated to them both generally and specifically as set out in this paragraph and below.
Pursuant to Section 101 of the Local Government Act 1972 the Chief Executive, all Executive Directors, Directors, Divisional Directors, Assistant Directors, Heads of Service and Business Unit Managers, so far as their respective departments / divisions / business units are concerned, are empowered to deal with the matters set out below. A list of Divisional Directors, Assistant Directors and Business Managers is maintained by the Divisional Director of Human Resources.
The Local Government Act 1972 grants wide-ranging powers for local authorities to delegate the discharge of their functions. The Act of 2000 also contains provisions on the delegation of executive functions; it requires that the local authorities adopting executive arrangements must make arrangements for the discharge of their executive functions, and makes provisions accordingly.
In establishing a Scheme of Delegation for Officers – whether in respect of executive or non-executive functions, it is important to bear in mind that a number of principles exist in terms of delegations, all of which must be complied with in order to ensure that the authority's functions are lawfully discharged. These principles are set out below and are in addition to those set out in the Introduction above. It should be remembered that where functions that are the responsibility of the Cabinet are delegated to officers or other structures outside the Cabinet, the Cabinet should nevertheless remain accountable to the Council, through scrutiny committees for the discharge of those functions. It is a presumption that discretion conferred by a statute should be exercised by an authority or person on whom the statute is conferred and no other authority or person.
Notes to Scheme of Delegation
1. The powers in this document are subject to the provisions set out in the Constitution and Financial Regulations and the delegations contained therein.
2. All delegated functions shall be deemed to be exercised on behalf of and in the name of the Council.
3. The exercise of a delegated power, duty or function shall:
(a) be subject to the Council's policies and criteria;
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(b) not amount to a new policy or extension of or amendment to the existing and agreed policy framework of the Council2 unless otherwise provided for in the Constitution;
(c) be subject to any Special Procedure and/or Protocol; and
(d) be subject to the requirements of the Constitution and Financial Regulations.
(e) where Cabinet has delegated a decision to be taken by an officer in consultation with one or more Cabinet Members, be subject to the requirement that a formal report will be prepared and that the officer will ensure compliance with the requirements of the Access to Information Procedure Rules (Part 3, Section 2 of the Constitution).
4. An officer to whom a power, duty or function is delegated may nominate or authorise another officer to exercise that power, duty or function, provided that officer reports to or is responsible to the delegator.
5. References to any enactment, regulation, order or byelaw shall be construed as including any re-enactment or re-making of the same, whether or not with amendments.
6. Any references to any Act of Parliament includes references to regulations, subordinate and EU legislation upon which either UK legislation is based, or from which powers, duties and functions of the Council are derived.
7. Where the exercise of powers is subject to prior consultation with another officer or a Cabinet Member, that officer or Cabinet Member, may give his or her views in general terms in advance to apply to any particular circumstances, to remove the need for consultation for each proposal.
8. Subject to any express instructions to the contrary from the Council, the Cabinet, Committee or Sub-Committee, any power to approve also includes the power to refuse, and the power to impose appropriate conditions.
9. Delegations to officers are subject to-
(a) the rights of the Council, Cabinet, Committee or Sub-Committee to decide any matter in a particular case;
3 Policy Framework means all those plans and strategies that are subject to full Council approval in accordance with Part 3 Section 3 of the Constitution.
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(b) the Chief Executive, and the Executive Director or other officer may in any case in lieu of exercising his/her delegated power refer to the Council, the Cabinet, Committee or Sub-Committee for a decision; and
(c) any restrictions, conditions or directions of the Council, the Cabinet, the delegating Committee or Sub-Committee.
10. In exercising delegated powers the Chief Executive, the Executive Director or other officer shall:
(a) take account of the requirements of the Constitution and Financial Regulations and shall address all legal, financial and other professional safeguards as if the matter were not delegated;
(b) shall exercise the delegation so as to promote the efficient, effective and economic running of that Division, Department and the Council, and in the furtherance of the Council's visions and values; and
(c) shall, where and when appropriate, report back to the appropriate body (i.e. Council, Cabinet, Committee or Sub-Committee) as to the exercise of those delegated powers.
11. Except where otherwise expressly provided either within the Scheme of Delegation or by resolution of the Council, the Cabinet, a Committee or Sub-Committee, the exercise of any delegated power, duty or function is subject to having the appropriate and necessary budgetary provision in place to take the action in the name of and/or on behalf of the Council.
12. Any delegated power conferred to a subordinate officer shall be deemed to be exercised in the name of the Chief Executive, or the Executive Director as appropriate, unless expressly indicated otherwise.
13. The compilation of a Scheme of Delegated Powers is a statutory requirement. The Scheme of Delegation is maintained by the Director of Governance and Democracy and delegations are added to it as they are made by the Council, Cabinet, Committees and Sub- Committees. Officers should take care to inform themselves of any subsequent changes to the Scheme before solely relying on this document.
14. The Director of Governance and Democracy shall have the power, subject to prior notification to the party whips, to:
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(a) amend this Scheme to reflect re-organisations, changes in job titles and vacancies, where said changes result in redistributing existing delegations and not the creation of new ones; and
(b) amend the Constitution, as adopted from time to time by the Council, to correct any typographical errors or inconsistencies subsequently identified.
15. Any post specifically referred to below shall be deemed to include any successor post, or a post which includes within the job description, elements relevant to any particular delegation, which were also present in the earlier post and shall include anyone acting up or seconded or discharging the functions of the post on an interim basis.
16. Any reference to a Committee or Sub-Committee shall be deemed to include reference to a successor Committee or Sub-Committee provided that the subject matter of a particular delegation can be found within the terms of reference of both the earlier and the successor Committee or Sub-Committee.
17. Where a power or duty is delegated to an officer, and the exercise of that power or duty is contingent upon the opinion of the Cabinet or Council that particular conditions or factual circumstances exist, then the officer in question has the power to determine whether or not those circumstances exist or those conditions have been fulfilled in the name of and with the authority of the Cabinet or Council as appropriate.
18. With respect to any reference to a delegation being exercised following consultation with the appropriate Cabinet Member, the decision is vested with the delegatee who shall be responsible and accountable for the decision, the delegatee is required to bring independent judgement to bear on the decision, and the decision must not consist of the officer adding a sanction or approval to what a councillor has decided.
19. If a matter is delegated to an officer, but that delegation cannot be implemented, that should be reported to the Council, the Cabinet or the delegating Committee or Sub-Committee.
20. Functions, matters, powers, authorisations, delegations, duties and responsibilities within this Scheme shall be construed in a broad and inclusive fashion and shall include the doing of anything which is calculated to facilitate or is conducive or incidental to the discharge of anything specified.
21. All matters of interpretation of the Scheme of Delegation will be determined by the Director of Governance and Democracy. In the event of a conflict between the provisions of this Scheme of Delegation and the requirements imposed by Financial Regulations, the latter will take precedence.
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22. The definition of any contract term is to be clearly defined in accordance with Financial Regulations and legal interpretation.
23. Officers exercising delegated powers related to financial matters (such as raising invoices, writing-off debts, paying invoices or disposals of assets) shall be aware at all times of the statutory responsibility of the Executive Director of Finance and Resources under Section 151 of the Local Government Act 1972 and of the need to comply with all the instructions and guidance issued by him/her and to seek their advice as necessary.
24. Executive Directors exercising delegated powers in relation to major departmental re-organisations and substantial financial matters (such as write-offs, disposal of assets, increases in fees and charges) shall make such arrangements to consult with the relevant Cabinet Member as may be agreed between them from time to time.
As well as the guidance notes above there are produced below safeguards for authorisation for discharging delegated functions:
5. Safeguards for Authorisation of subordinate officers to discharge particular functions in any Scheme of Delegation
1. The nature and statutory context of the function that is to be discharged by a subordinate officer is relevant. The greater the extent to which the discharge of the function affects individual rights or requires the exercise of discretion or professional judgement, the less likely it would be lawful to authorise the subordinate to act.
2. Administrative inconvenience is a very important rationale for the power to authorise subordinates to act. Therefore, authorisation should only be given where the administrative burden of personally discharging functions would be significant.
3. The degree of control maintained by the senior officer over the subordinate may be a material factor in determining the validity of the authorisation. In cases where significant discretion or judgement must be exercised, a high degree of control should be retained.
4. The subordinate may be authorised to make decisions in the name of the senior officer, if necessary by using a facsimile signature or requiring the senior officer simply to sign decisions without personally considering them. This system takes advantage of Section 234(2) of the Local Government Act 1972.
5. In the case of the simplest administrative task, involving a minimal exercise of discretion or judgement, there would be less need for formality.
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6. A subordinate officer who is authorised to discharge a particular function should not subsequently authorise another officer or third party to discharge that function without the consent of the officer whose powers the subordinate officer is discharging. The responsibility of the Head of Service or other senior officer has formed a basis for the decisions that allow authorisations. Any kind of 'sub- authorisation' will undermine and lessen this responsibility and would greatly increase the likelihood that it will be found to be unlawful.
7. The ability and experience of the authorised officer should be taken into account, so that an officer with appropriate experience and skills is authorised to act.
8. The nature and extent of any further authorisation which is not specified in the Schedules to this Scheme of Delegation should be set down in writing.
Definition of Management
‘Management’ in this document means carrying out, in consultation with the Chief Executive or Executive Director as appropriate, the tasks set out below (subject to the restrictions referred to) within the manager's field of responsibility.
1. To keep under constant review the needs of the Borough and its community in relation to all matters within the manager's area of responsibility and to take all such action which in his/her judgement is necessary to ensure that those needs are met within the framework of any policies agreed by the Council.
2. To take all action, within agreed performance criteria, to ensure that the Council’s targets are met in the provision of efficient, effective and economically provided services.
3. The following matters are excluded from this scheme of delegation:
(a) Any matter that the Council or the Cabinet has resolved shall be determined by itself.
(b) Any matter which is a new policy or is a departure from the existing and agreed policy framework of the Council.
(c) Any matter which, in consultation with the Executive Director, the manager considers inappropriate to be dealt with under delegated powers.
(d) Any matter in which the manager has a personal interest.
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(e) Any issue which is required by law to be considered by the Council or a Committee.
(f) Any matter which has been delegated to a Committee of the Council to determine.
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CORPORATE SCHEME OF DELEGATION
The following delegated powers are subject to the Chief Executive, or an Executive Director vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation, similar delegated authority to other appropriate officers. Any delegation of powers which is made by the Chief Executive, or an Executive Director in addition to those specified in the Schedule to the Scheme of Delegation must be made in writing.
1. Within the overall resources allocated by the Council, in direct support of the Council’s objectives and subject to the exclusions referred to in paragraph 5 below, authority to act on behalf of the Council on all matters relating to the discharge of such functions of the Council as may be delegated from time to time to the Chief Executive or an Executive Director as appropriate, including those detailed in the Departmental Schemes of Delegation which follow.
2. To take all action, within agreed performance criteria, to ensure that the Council’s targets are met in the provision of efficient, effective and economically provided services.
3. Within the overall financial resources allocated corporately to their departments, and subject to such consultation with the Divisional Director of Human Resources as is deemed necessary, to discharge the Council’s employment functions in relation to all personnel in their departments.
4. To keep under constant review the needs of the Borough and its community in relation to all those services provided by the Council and to take all such action which in his/her judgement is necessary to ensure that those needs are met within the framework of any policies agreed by the Council.
5. The following matters are excluded from this scheme of delegation:
(a) Any matter that the Council or the Cabinet has resolved shall be determined by itself.
(b) Any matter which would lead to a Department failing to stay within its annual cash limit (as defined in Financial Regulations) or which would commit the Department to increase its cash limit in any subsequent financial year.
(c) Any matter which would lead to a Department failing to stay within its capital budget (as defined in Financial Regulations) or which would commit the Department to an increased capital budget in any subsequent financial year.
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(d) Any matter that is a new policy or is a departure from the existing agreed Policy Framework of the Council unless otherwise provided for in the Constitution.
(e) Any matter which the Chief Executive, or the Executive Director, in consultation with the Chief Executive considers inappropriate to be dealt with under delegated powers.
(f) Any matter in which the Chief Executive, or the Executive Director has declared an interest.
(g) Any issue which is required by law to be considered by the Council, the Cabinet collectively or by a Committee.
(h) Any matter which has been delegated to a Committee of the Council, or of the Cabinet to determine.
6. This Scheme of Delegation has been approved by the Council, the Cabinet, the Chief Executive, and the Executive Directors.
7. Any power transferred under this scheme of delegation may not be further delegated without the express approval of the Chief Executive, or the Executive Director.
8. Any power transferred under this scheme of delegation may be exercised by the Chief Executive, or the Executive Directors and, in the event of dispute only the Chief Executive, or the Executive Director’s decision, as appropriate, is effective.
9. Any power in addition to those powers delegated by the Council to the officers specified in the Schedule to the Scheme of Delegation transferred under this scheme of delegation may not be further delegated without the express approval of the Chief Executive, or the Executive Director.
10. Financial expenditure and budgetary control (in compliance with the Constitution, Financial Regulations and Financial Procedures) is delegated to Business Unit Managers within the department. Management of capital expenditure and disposal transactions is delegated to named officers. The Chief Executive or Executive Director, as appropriate, may authorise Business Unit Managers to delegate one or more of their powers to other officers within the business unit.
11. Contract variations (including order and invoice variation) will be the subject to the standard approval limits for the whole transaction. Where the new value exceeds the approval limit for the original approver, the transaction will require a higher level approval.
12. The power to establish any departmental standards, procedures or guidance notes that he/she believes to be necessary to enable officers in
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the department to observe the Council's employment functions in consultation with the Divisional Director of Human Resources.
13. The power to establish any additional departmental financial standards, procedures or guidance notes that he/she believes to be necessary to enable officers in the Department to observe the Financial Regulations and associated guidance is delegated to the Divisional Director of Resources for the respective Department.
14. (a) To consider, in consultation with the relevant Cabinet Member(s), any report issued by the Local Government Ombudsman which includes a finding of maladministration relating to functions discharged by their department. Further, to notify the Local Government Ombudsman within three months of the receipt of the report of the action(s) taken, or proposed to be taken, in response.
(b) To report to Corporate Committee the Local Government Ombudsman report with findings of maladministration, including the action(s) taken, or proposed to be taken, in response.
15. The Scheme explicitly refers to the following designations of officer: Chief Executive, Executive Director, Director, Divisional Director, Assistant Director, Head of Service, Business Unit Manager and Manager and delegates highly specific financial and non-financial powers to each one. Where the Chief Executive or an Executive Director delegates powers to other officers with different designations, the written confirmation must be sufficiently clear to identify which one of the above delegations it is equivalent to and how it relates to the council’s financial system. The Chief Executive or Executive Director must maintain a schedule of all such delegations.
General
16. All officers making decisions under delegated powers are required to keep a register of all such decisions.
Contracts
17. The power to terminate contracts is delegated to Executive Directors.
18. The power to make additions to and deletions from the Approved Provider lists for contracts is delegated to the Chief Executive, Executive Directors, Divisional Directors and Assistant Directors.
19. The power to grant waivers for contracts of up to £25,000 in value is delegated to the BU Manager and the Divisional Director of Resources. The power to grant waivers for contracts of more than £25,000 in value is delegated to Executive Directors.
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20. With the exception of the Chief Executive and Executive Director of Finance and Resources, the powers below may only be discharged in relation to the officer’s respective area of responsibility.
21. Subject to any exceptions as provided elsewhere in the Scheme of Delegation, all contracts over £100,000 must be made under seal (other than contracts for the sale or acquisition of land at auction). Contracts up to and including £100,000 must be signed by two duly authorised officers as set out below.
Value of contract, variation or Authorising Officers extension More than £50,000 up to and Head of Service and Assistant Director including £100,000 Up to and including £50,000 Business Unit Manager and other Manager
22. In exercising the contract and payment powers delegated to them, officers are required to comply with the Contract Standing Orders which can be accessed here Procurement Guide - current version (link only works internally).
23. The following table sets out the powers delegated to officers in relation to the award of contracts and variations (including extensions).
Value of Contract, Contract Authorising Officers Variation or Extension Over £10 million Executive Director of Finance and Resources More than £1 million up to Executive Director and Divisional Director of and including £10 million Resources More than £100,000 up to Divisional Director and Divisional Director of and including £1 million Resources More than £50,000 up to and Head of Service or Assistant Director including £100,000 Up to and including £50,000 Business Unit Manager or other Manager
24. The powers to enter into or vary contracts exclude property acquisitions or refurbishments for the core and non-core estates and all land transactions.
Payments
Requisitions
25. Any officer nominated by a Business Unit Manager is delegated the authority to raise requisitions of any value within their own business unit. The Business Unit Manager is required to maintain a schedule of all such staff.
Purchase Orders
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Value Authorising Officer Over £10 million Executive Director of Finance and Resources Up to £10 million Executive Director Up to £1 million Divisional Director or Director Up to £100,000 Head of Service or Assistant Director Up to £50,000 Business Unit Manager Up to £25,000 Deputy Business Unit Manager
Authorisation of Payments
26. The council uses the Oracle financial system which allows payment to be made through one of two methods: two-way matching or three-way matching. In either method a financial authorisation will be required and its maximum value must be in accordance with the delegations set out in the table below:
Value Authorising Officer Over £10 million Executive Director of Finance and Resources Up to £10 million Executive Director Up to £5 million Divisional Director or Director Up to £1 million Head of Service or Assistant Director Up to £100,000 Business Unit Manager Up to £50,000 Deputy Business Unit Manager Up to £25,000 Any Manager Up to £2,000 Other staff by delegation
27. The Divisional Director of Resources for each department is required to maintain a schedule of all staff authorised to use the Oracle financial system and to ensure that it is in accordance with the delegations set out above. Where it is not clear that an officer’s role matches the delegations in this Scheme, the Executive Director is required to make a specific delegation in the Departmental Scheme of Delegation and maintain records of all such delegations.
Finance
28. All officers are required to act in accordance with the Council’s Financial Regulations, Financial Procedures and Contract Standing Orders.
29. Authorisation limits for revenue and capital expenditure are as set out in the contracts and payments section above.
30. Divisional Directors of Resources are responsible for ensuring that staff in their respective departments with financial responsibilities are familiar with Financial Procedures. Where Divisional Directors of Resources wish to deviate from this guidance they must first obtain the written agreement of the Executive Director of Finance and Resources.
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31. Revenue budget virements are transfers of budgeted expenditure or income in the Oracle financial system that do not increase the Council’s overall cash limit. Revenue budget virements must be made in accordance with the following scheme of virement:
Revenue virements within a department (always within respective areas of responsibility)
Value of budget virement Authorising Officer / body Over £500,000 Council More than £250,000 up to Executive Director and Divisional Director of and including £500,000 Resources in consultation with Lead Cabinet Member Up to and including £250,000 Divisional Directors of affected divisions and Divisional Director of Resources in consultation with Lead Cabinet Member
Revenue virements between departments
Value of budget virement Authorising Officer / body Over £500,000 Council Up to and including £500,000 Executive Directors of affected departments and Executive Director of Finance & Resources in consultation with Lead Cabinet Members for affected departments
32. Capital budget virements are transfers of budgeted expenditure and resources from one project to another project within the approved capital programme (as defined in Financial Regulations). They do not increase the Council’s overall capital budget. Capital budget virements must be made in accordance with the following scheme of virement:
Capital virements within a department (always within respective areas of responsibility)
Value of budget virement Authorising Officer / body Over £500,000 Council More than £250,000 up to Executive Director and Executive and including £500,000 Director of Finance and Resources in consultation with the Lead Member for affected department and Cabinet Member for Finance and Resources. Up to and including £250,000 Divisional Directors of affected divisions and Divisional Director of Resources in consultation with the Lead Cabinet Member for affected department and Cabinet Member for Finance and Resources.
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Capital virements between departments
Value of budget virement Authorising Officer / body Over £500,000 Council Up to and including £500,000 Executive Directors of affected departments and Executive Director of Finance and Resources in consultation with Lead Cabinet Member for affected department and Cabinet Member for Finance and Resources.
33. Divisional Directors of Resources are required to maintain a schedule of all revenue virements within their respective departments. The Executive Director of Finance and Resources is required to maintain a schedule of all revenue virements between departments. The Executive Director of Finance and Resources is required to maintain a schedule of all capital virements.
Fees and charges
34. Authority to approve variations to fees and charges for services is delegated to Executive Directors following consultation with the relevant Lead Cabinet Member and the Executive Director of Finance and Resources, unless otherwise reserved to the Cabinet.
Assets
35. Authority to acquire or refurbish property in the core or non-core estate or any land is subject to the following scheme of delegation:
Value of property or land Authorising Officers transaction Over £10 million Executive Director of Finance and Resources More than £1 million up to Executive Director of Finance and and including £10 million Resources and Divisional Director Corporate Finance More than £200,000 up to Head of Asset Strategy and Divisional and including £1 million Director Corporate Finance Up to and including £200,000 Head of Asset Strategy
36. Authority to purchase all other assets (including land and property and whether acquired using compulsory purchase order powers or another power) from within existing revenue and capital budgets (where the scheme specifically includes the purchase of the asset(s)) is delegated to officers in accordance with the limits set out in the table for contracts and payments above.
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37. Disposal of assets other than land and property (and unless otherwise reserved to the Cabinet) is delegated to officers in accordance with the following scheme, which only applies to disposals with a value exceeding £1,000 . All disposals must comply with any applicable Council standards and policies.
Value Authorising Officer Over £100,000 Executive Director and the Executive Director of Finance and Resources £1,000 to £100,000 Executive Director and Divisional Director of Resources
38. Appropriations of land and property between general fund services and the Housing Revenue Account are only delegated to the Executive Directors of the respective departments where the value is nil. Where the value of the appropriation is not nil the agreement of the Executive Director of Finance and Resources must be obtained and the financial effects on the general fund and Housing Revenue Account must be met by compensating budget virements.
Debt write-offs
39. Authority to write off debts is delegated to officers in accordance with the following scheme:
Value of debt Authorising Officer Over £100,000 Executive Director and the Executive Director of Finance and Resources More than £10,000 up to and Executive Director and Divisional including £100,000 Director of Resources Up to and including £10,000 Divisional Director and Divisional Director of Resources
Human resources
40. Authority to appoint to posts within their respective areas of responsibility and in accordance with the Council’s policies and procedures is delegated to all officers with managerial responsibility.
41. Authority for re-organisations is delegated to officers as set out in the table below:
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Scale and impact of re- Authorising officer organisation All re-organisations involving Any manager acting within their area of less than 20 staff and no responsibility increase in ongoing staff costs Any reasonably predictable related not already budgeted for by redundancy, early retirement or other Council. severance costs, including payments into the pension fund if required must be approved by the relevant Divisional Director of Resources prior to formal commencement of the reorganisation All re-organisations involving Any manager acting within their area of less than 20 staff and an responsibility and the Divisional Director increase in direct staff costs Any reasonably predictable related that is within the relevant (i.e. redundancy, early retirement or other cost centre, business unit, severance costs, including payments into the division or department) pension fund if required must be approved by budget. the relevant Divisional Director of Resources prior to formal commencement of the reorganisation All re-organisations involving Any Divisional Director acting within their area more than 20 staff of responsibility and the Executive Director and the concurrence of the Divisional Director of Human Resources and relevant Cabinet Member. Any reasonably predictable related redundancy, early retirement or other severance costs, including payments into the pension fund if required must be approved by the relevant Divisional Director of Resources prior to formal commencement of the reorganisation Any re-organisation where the The approval of the Executive Director of associated one-off Finance is also required, in addition to any (redundancy, early retirement approvals set out above. or other severance or similar) costs cannot be met within a department’s approved budget for that purpose
42. Authority to take disciplinary action (other than dismissal and relating to posts within their business unit) in accordance with the Council’s policies and procedures is delegated to Business Unit Managers.
43. The decision to dismiss officers below Deputy Chief Officer level following due disciplinary process and disciplinary action relating to such posts is delegated to Executive Directors and Divisional Directors.
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44. Approval of Redundancy or premature retirement of officers below Deputy Chief Officer is delegated to Executive Directors, following consultation with the Divisional Director of Human Resources and the Divisional Director of Resources for the department prior to any offer and approval.
45. When an employee (below the grade of Deputy Chief Officer) is leaving the employment of the Council (whether by redundancy, retirement or any other reason) the agreement of the relevant Divisional Director of Resources following consultation with the Divisional Director of Human Resources is required before any monetary compensation is offered. (This does not include payments in lieu of notice or buy-out of annual leave entitlement of less than £2,000.) Payments to Deputy Chief Officers and above require the approval of the Executive Director of Finance and Resources.
46. Approval of retirement on grounds of ill health is delegated to Executive Directors on the recommendation of the relevant Divisional Director of Resources.
47. Approval of industrial injury settlements up to £1,000 is delegated to Executive Directors. Settlements above £1,000 require the prior concurrence of the relevant Divisional Director of Resources.
48. Implementation of Employment Tribunal decisions is delegated to Executive Directors, Directors and Divisional Directors.
49. Approval of transfer of employees on grounds of discipline or employee welfare subject to the agreement of the Divisional Director, Human Resources, is delegated to Executive Directors, Directors and Divisional Directors.
50. The award of honoraria/acting up allowances of up to £5,000 that can be contained within the relevant budget is delegated to Business Unit Managers, in consultation with the relevant HR Head of People Management.
51. The award of honoraria/acting up allowances in excess of £5,000 per annum, subject to affordability, is delegated to Executive Directors on the recommendation of the relevant Divisional Director of Resources.
52. The approval of payments of up to and including £5,000 in cases where the Local Government Ombudsman has or is likely to find maladministration, or in accordance with the Corporate Complaints Policy is delegated to Divisional Directors. All such payments in excess of £1,000 must be reported to the Corporate Committee.
53. The approval of payments of above £5,000 in cases where the Local Government Ombudsman has or is likely to find maladministration, or in accordance with the Corporate Complaints Policy is delegated to Executive Directors. All such payments must be reported to the Corporate Committee.
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Miscellaneous
54. The authority to coordinate and draft formal responses, on behalf of the Council, to all consultation exercises conducted by Government Departments, London Councils, and other national and local bodies, especially in relation to proposed legislative and policy changes, is delegated to Executive Directors. The Leader and Cabinet Member must be consulted for their comments and formal clearance prior to responses being submitted.
55. The authority to approve payments, on behalf of the Council, of subscriptions or other financial contributions to external bodies, is delegated to Executive Directors, subject to such prior consultation with the relevant Cabinet Member as may be required by, and agreed with, him/her.
56. The authority to sign notices and to authorise officers in and for the department to carry out all enforcement duties, including the issuing of cautions, as required within relevant legislation is delegated to Executive Directors, Directors and Divisional Directors.
57. With the exception of meetings of the Council and its bodies, the authority to approve filming by television or bona fide organisations on Council land (other than school premises) is delegated to Executive Directors, Directors and Divisional Directors.
58. The authority to approve the membership of representative and professional bodies on behalf of the Council is delegated to Executive Directors.
59. The implementation of the Council’s health and safety policy and business continuity planning within their departments is delegated to Executive Directors, Divisional Directors and Directors.
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DEPARTMENTAL SCHEMES OF DELEGATION
(a) CHIEF EXECUTIVE (CE)
The following delegated powers are subject to the Chief Executive vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation similar delegated authority to other appropriate officers. Any delegation of powers which is made by the Chief Executive in addition to those specified in this Scheme of Delegation must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Chief Executive is authorised to act on behalf of the Council on all matters, including those which have been delegated to another officer, and the following specific functions: human resources, campaigns and communications, policy, equalities and performance, Community Strategy and the Local Strategic Partnership and strategic transformation.
2. To authorise, in consultation with and pursuant to the agreement of, the Leader of the Council, any changes to the membership of the Cabinet and/or to the portfolios of Cabinet Members as set out in the Cabinet Procedure Rules. All such changes are to be reported to the next scheduled Council meeting.
3. To authorise, in consultation with and pursuant to the agreement of the Leader, all necessary arrangements for the establishment of a committee, working group or panel of the Cabinet, including but not limited to the appointment of the membership and terms of reference thereof. All actions taken pursuant to this delegated authority must be reported to the next scheduled meeting of the Cabinet and Council.
4. The power to establish any corporate procedures or guidance notes that he/she believes to be necessary to enable officers in the Council to undertake and perform the Council's employment functions is delegated to the Divisional Director of Human Resources, having regard to any consultative mechanisms which may exist with the Council's recognised trade unions. Where, in the opinion of the Chief Executive, the establishment of or variation to any such corporate policy or procedure is likely to have significant financial or operational implications the approval of the Cabinet shall be required.
5. The power to negotiate and approve variations to the contracts of employment of Chief Officers, in consultation with the relevant Cabinet Member and the Divisional Director of Human Resources.
6. The power to negotiate and approve variations to the contract of employment of the Chief Executive is delegated to the Divisional Director
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of Human Resources, in consultation with the Leader, Deputy Leader and the Leaders of the Opposition Parties. 7. Appointment of Chief Officers and Deputy Chief Officers in accordance with the Officer Employment Procedure Rules.
8. The decision to dismiss officers at Deputy Chief Officer level and below following due disciplinary process and in accordance with the Officer Employment Procedure Rules.
9. Disciplinary action relating to posts at Deputy Chief Officer level and below not involving dismissal.
10. Approval of acting up allowance for Executive Directors.
11. Approval of the Council's employment policies and all changes thereto, in consultation with the Chief Executive, is delegated to the Divisional Director, Human Resources.
12. To consider, in consultation with the Monitoring Officer, any application received from any officer of the Council for exemption from political restriction under Sections 1 and 2 of the Local Government and Housing Act 1989 in respect of the post held by that officer and, where appropriate, to direct the Council that the post shall not be considered to be a politically restricted post and that the post be removed from the list maintained by the Council under Section 2(2) of that Act.
13. To consider, in consultation with the Monitoring Officer, upon the application of any person or otherwise, whether a post should be included in the list maintained by the Council under Section 2(2) of the 1989 Act and, where appropriate, to direct the Council to include a post in that list.
Designations
14. For the purposes of this Scheme of Delegation, the Head of Strategy and Equalities has the same delegated powers as Business Unit Managers.
15. For the purposes of this Scheme of Delegation, the Strategy Manager has the same delegated powers as Business Unit Managers.
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(b) EXECUTIVE DIRECTOR OF ADULTS' AND COMMUNITY SERVICES (EDACS)
The following delegated powers are subject to the Executive Director of Adults' and Community Services vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation, similar delegated authority to other appropriate officers. Any delegation of powers which is made by the Executive Director of Adults' and Community Services, in addition to those specified in this Scheme of Delegation, must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Executive Director of Adults’ and Community Services is authorised to act on behalf of the Council on all matters relating to the discharge of the Adults’ and Community Services functions of the Council, which include but are not limited to community care services, residential homes, day care, sheltered housing, registration health-related issues, sports & recreation, parks and open spaces, cemeteries, libraries, arts and community safety.
2. To grant consent on behalf of the Council and pursuant to Section 31(2) of the Anti-Social Behaviour Act 2003, to the giving of an authorisation by a police officer of or above the rank of superintendent, pursuant to section 30(2) of the Act (dispersal of groups and removal of persons under 16 to their place of residence).
3. In accordance with the Financial Regulations, the Executive Director of Adults' and Community Services delegates management of the income and expenditure of the Department to Unit managers and management of capital expenditure and disposal transactions to named officers.
4. Procurement of care placements – (i.e. individual placements that fall outside of any block contracting arrangements) are excluded from the requirement to go through the commissioning procedure detailed in the Procurement Guide i.e. they do not have to be approved through the Strategic Commissioning Board.
5. (a) A general waiver is granted for the need to tender such requirements acknowledging at all times that the Council has a duty to achieve "best value" in making such placements.
(b) Adult and Community Services operate an internal mechanism that requires the approval of no less than a Divisional Director for all new placements where the aggregated value exceeds £250,000 over 48 months and that a periodic review procedure for all placements (existing and new) is in place in order to continue to demonstrate value for money and best value.
6. Approval of the Building Partnership in Health and Social Care plan.
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7. Voluntary Sector Grant Approval and withdrawals.
8. To discharge on behalf of the Chief Executive the functions of the "responsible person" under The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 by being responsible for ensuring compliance with the arrangements made under the said Regulations for the handling and consideration of complaints in relation to the Council's Adult's Social Services functions and, in particular, ensuring that action is taken as necessary in the light of the outcome of a complaint.
9. To designate an officer as the Complaints Manager, to be responsible for managing the procedures for handling and considering complaints in relation to the Council's Adult's Social Services functions in accordance with the arrangements made under The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.
10. Declarations of Local Nature Reserves in the London Borough of Lambeth, in consultation with the Cabinet Member for Culture, Leisure and the Olympics.
Decisions Delegated to Divisional Directors and Assistant Directors within their areas of managerial responsibility
11. To promote or authorise applications for anti-social behaviour orders and closure orders on behalf of the Council, including but not limited to the following:
(a) To promote on behalf of the Council and pursuant to Section 2(a) of the Anti-Social Behaviour Act 2003 (“the Act”), to the giving of an authorisation by a police officer of or above the rank of superintendent, pursuant to section 1(2) of the Act (the issue of a closure notice in relation to premises used in connection with the unlawful use, production or supply of a Class A controlled drug and associated with disorder and serious nuisance). (b) To promote on behalf of the Council and pursuant to Section 11A (2) of the Act, to the giving of an authorisation by a police officer of or above the rank of superintendent, pursuant to section 11A(2) of the Act, or to authorise pursuant to section 11A(3) of the Act (the issue of a Part 1A closure notice in relation to premises used or associated with persistent disorder or nuisance). (c) To promote on behalf of the Council and pursuant to Section 1 of the Crime and Disorder Act 1998 the application for anti-social behaviour orders.
12. The authority to act, with the agreement of the Chief Executive, during any declared civil emergency.
Decisions Delegated to Business Unit Managers within their areas of managerial responsibility
13. Decisions on Parks lettings (Head of Operations).
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(c) EXECUTIVE DIRECTOR OF CHILDREN AND YOUNG PEOPLE'S SERVICE (EDCYPS)
The following delegated powers are subject to the Executive Director of Children and Young People's Service vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation similar delegated authority to other appropriate officers. Any delegation of powers that is made by the Executive Director of Children and Young People's Service in addition to those specified in this Scheme of Delegation must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Executive Director of Children and Young People’s Service is authorised to act on behalf of the Council on all matters relating to the discharge of the functions of the Council as a Local Education and Children’s Services Authority.
2. In accordance with Financial Regulations, the Executive Director of Children and Young People’s Service delegates management of the income and expenditure of the Department to managers of Service Units and management of capital expenditure and disposal transactions to named officers.
3. Due to the higher rates for the care placements for children, special dispensation is required to minimise potential disruption to care provision in a sensitive service area. The following revisions for officers in Children and Young Peoples Service have been approved:
Limit for Purchase Orders Position £156,000 Head of Service / Assistant Director £100,000 BU Manager £62,400 Practice Manager £26,000 Deputy Practice Manager
4. Children and Young Peoples' Service operate an internal mechanism that requires the approval of no less than a Divisional Director for all new placements where the aggregate value exceeds £250,000 over 48 months and that a periodic review procedure for all placements (existing and new) is in place in order to continue to demonstrate value for money and best value.
Delegations to Divisional Directors and Assistant Directors
5. Secure Orders for Children over the age of 13 years. 6. Decisions of Adoption Panel. 7. Decisions of Fostering Panel. 8. Approval of grants from the Grants Development Fund. 9. Chair of the Children’s & Young People’s Service Commissioning Board.
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(d) EXECUTIVE DIRECTOR OF FINANCE AND RESOURCES (EDFR)
The following delegated powers are subject to the Executive Director vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation, similar delegated authority to other appropriate officers. Any delegation of powers that is made by the Executive Director of Finance and Resources in addition to those specified in this Scheme of Delegation must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Executive Director of Finance and Resources, as the officer responsible for the proper administration of the Council’s financial affairs, pursuant to section 151, Local Government Act 1972 is authorised to act on behalf of the Council on all matters relating to the discharge of the Finance functions of the Council, which include but are not limited to the certification of the Council’s statement of accounts, the collection and administration of rates, housing benefit and council tax, rent officers, insurance, pensions, long-term borrowing, Business Improvement Districts, audit and procurement functions. He/she is also authorised to act on behalf of the Council in relation to the discharge of certain other corporate functions which include but are not limited to the Council’s Governance & Democracy, youth council, scrutiny, central support services, information technology, customer services and corporate complaints.
2. The authority to act on pensions matters includes the administration of actuarial valuations and the implementation of contribution rates as approved by Council. This power must be exercised in consultation with the Cabinet Member for Finance and Resources.
3. Approval of all changes to the Financial Procedures which supplement the Financial Regulations, subject to the requirement that any changes to the Financial Regulations themselves must be approved by full Council.
4. Subject to the approval of the Strategic Leadership Board to agree changes to financial limits in Part 2-Section 4 of the Constitution from time to time to reflect the effect of inflation or to ensure the efficient and effective delivery of service.
5. The authority to move projects from the Capital Investment Pipeline to the Capital Investment Programme as and when additional funding becomes available, in consultation with the Strategic Asset Management Group and the Asset Management Cabinet Advisory Panel.
6. The authority to increase the Capital Investment Programme by the value of any external resources the council receives in addition to those set out in the budget, in consultation with the Strategic Asset Management Group and the Asset Management Cabinet Advisory Panel.
7. Arranging for statutory payments to be made to Government Agencies and Departments including, but not limited to, GLA precepts, payments of
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Income Tax and National Insurance contributions, housing capital receipts to the DCLG etc.
8. The authority to conduct or defend any legal proceedings in any court or tribunal relating to any of the Council's functions, and to settle or discontinue such proceedings (including the compromise of matters where proceedings are, or may be, contemplated) where appropriate in the best interests of the Council is delegated to the Director of Governance and Democracy.
9. The Head of Legal Services and Principal and Senior Lawyers are authorised to sign documents on the Council's behalf (including attestation of the Council's Seal) and to institute and defend proceedings.
10. The authority to appoint members and other Council representatives to Council committees, sub-committees, and other bodies and on outside organisations in accordance with the allocation of seats to the party groups and on the nomination of the Whip of the party group concerned is delegated to the Director of Governance and Democracy and, in his/her absence, to the Head of Democratic Services & Scrutiny or Head of Legal Services.
11. The authority to make arrangements, in consultation with the Chair and Vice-Chair of Overview and Scrutiny Committee and Health Scrutiny Sub Committee, for establishing Joint Health Scrutiny Committees whenever such a committee needs to be established and a meeting needs to be arranged before the next scheduled meeting of Overview and Scrutiny Committee, is delegated to the Director of Governance and Democracy and, in his/her absence, to the Head of Democratic Services & Scrutiny or Head of Legal Services.
12. The authority to grant dispensations to councillors, co-opted members and church and parent governor representatives from requirements relating to interests set out in the Members’ Code of Conduct and associated local protocols, is delegated to the Director of Governance and Democracy, subject to a right of appeal to the Standards Committee. In exercising this power, the Director of Governance and Democracy will consult with members of the Standards Committee, other councillors, or the Independent Person, should he/she deem it necessary.
13. The power to approve the naming and numbering of streets and buildings in the borough in all cases where there are no unresolved objections is delegated to the Assistant Director of Contracts, Information & Projects, ICT Services. Any case where an unresolved objection exists must be referred to Corporate Committee for decision.
14. The power to individually authorise borrowing arrangements for up to 3 days and up to a maximum value of £20m that are for the sole purpose of cash flow management is delegated to each of the following officers: the Divisional Director Corporate Finance and the Treasury Manager.
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(e) EXECUTIVE DIRECTOR OF HOUSING, REGENERATION AND ENVIRONMENT (EDHRE)
The following delegated powers are subject to the Executive Director of Housing, Regeneration and Environment vesting, in addition to those powers delegated by the Council to the officers specified in this Scheme of Delegation, similar delegated authority to other appropriate officers. Any delegation of powers made by the Executive Director of Housing, Regeneration and Environment, in addition to those specified in this Scheme of Delegation, must be made in writing.
1. Subject to the exclusions referred to in paragraph 5 of the Corporate Scheme of Delegation, the Executive Director of Housing, Regeneration and Environment is authorised to act on behalf of the Council on all matters relating to the discharge of the Regeneration, Housing and Environmental functions of the Council, which include but are not limited to all functions under the provisions of housing legislation, public sector (HRA) and private sector housing, homelessness, the administration of grants for improvement and repair of properties, housing strategy, regeneration, economic development, investment strategy, town planning and development control, management of corporate property, valuation services, adult education and Area services, building control, environmental health, noise pollution, street care, transport & highways, parking, consumer protection, sustainability, waste collection and disposal and licensing.
2. Approval of garage rents and estate parking charges in consultation with the relevant Cabinet Member and with the agreement of the Executive Director of Finance and Resources.
3. The authority to determine town planning applications and to discharge all other functions concerning planning and development control (including but not limited to advertisement control, listed building and conservation area control and tree preservation orders) and related matters, including enforcement decisions and actions, as set out in paragraph 1 above, is delegated to the Divisional Director (Planning, Regeneration and Enterprise).
4. The authority to determine applications for consent under the Rush Common Act 1806 is delegated to the Divisional Director (Planning, Regeneration and Enterprise), subject to the proviso that applications that he or she considers should be approved will be determined by Corporate Committee. In addition, the power to take any related enforcement decisions and actions is delegated to the Divisional Director (Planning, Regeneration and Enterprise).
5. The following powers are delegated to the Head of Asset Strategy in consultation with the Strategic Asset Management Group:
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(a) Other than properties which are subject to the right to buy, the authority to dispose of land and property, in accordance with the Disposals Programme as agreed annually by the Cabinet, is delegated to the Head of Asset Strategy.
(b) In the event that the Head of Asset Strategy proposes to dispose of any land or property which is not included in the Disposal Programme (other than those required by statute), prior approval to the disposals must be obtained from the Executive Director of Finance and Resources and the Executive Director for the department that is responsible for the land or property and the Cabinet Member for Finance and Resources.
(c) Ward Members must be given 5 working days to comment on all reports that relate to the exercise of these delegated powers (other than reports that are considered by Cabinet).
(d) A schedule of Decisions taken under these powers should be reported to Cabinet as part of the following year’s disposal report.
(e) The authority to grant and acquire leases for terms of up to 20 years subject to a rental limit of £200,000 per annum and the cost being contained within existing budgets is delegated to the Head of Asset Strategy. The authority to grant leases for terms of more than 20 years subject to a rental limit of £200,000 per annum is delegated to the Head of Asset Strategy in consultation with the Executive of Director of Finance & Resources and the Cabinet Member for Finance and Resources.
(f) The authority to dispose of properties to occupant voluntary sector organisations for the best consideration that can reasonably be obtained.
(g) The authority to grant and acquire wayleaves and easements for lease terms of up to 125 years, i.e. installations by utility companies, is granted to the Head of Asset Strategy where any cost can be contained within existing budgets.
Decisions delegated to Divisional Directors and Assistant Directors
6. To make grants for improvement and repair under the Housing Act (1985) Part XV and Local Government and Housing Act (1989) Part VIII and to exercise discretionary powers to waive repayment of renovation grants where there has been a breach of grant conditions.
7. The authority to consider objections received from statutory consultation as part of the Traffic Order Making Process. NB - Subject to a formal report setting out the objections, with clear recommendations being submitted for approval.
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8. To consider and approve reports on proposed road safety schemes.
9. The power to make, amend or revoke a traffic order following consideration of such objections.
10. The authority to negotiate with Western Riverside Waste Authority.
11. The authority to enter into agreements with external authorities, agencies or organisations including the GLA, GOL and the Greater London Mayor’s Office.
12. Any temporary or emergency building or service closure to last over one week.
13. Any planned building or service closure over one month.
14. Outside representation for Government (or similar body) in exercise of their statutory supervisory powers.
15. The authority to act, with the agreement of the Chief Executive, during any declared Civil Emergency
Decisions delegated to Heads of Service
16. The authority to initiate formal statutory consultation on a scheme or any part of a scheme following informal non-statutory consultation. NB- Subject to a formal report being submitted for approval.
17. Following financial approval by the Cabinet, to consider and approve the detailed delivery of local traffic and highways schemes (including controlled parking zones) which have been included within the Councils overall programme.
18. The authority to approve any land exchange arising from highway or town and country planning powers for highways or traffic purposes. NB - Subject to submission of a formal report.
19. To approve discretionary payments for the equivalent of home loss and disturbance under the Land Compensation Act (1973).
20. To join representative and professional bodies on behalf of the Council.
21. To sign notices and to authorise officers in and for the department to carry out enforcement duties as required within relevant legislation.
22. To make grants for improvement and repair under the Housing Act (1985) Part XV and Local Government and Housing Act (1989) Part VIII over £50,000 .
23. To determine appeals from homeless applicants wishing to refuse offers of permanent accommodation.
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24. Legal action in relation to parking permit fraud.
25. The authority to enter into agreements for the collection of commercial waste (Head of Environmental Services and Highways).
26. Legal action in relation to Consumer Protection matters (Head of Consumer Protection and Sustainability).
27. Signing of short-term building and office accommodation leases.
28. The authority to authorise the drafting and sign the publication and making of temporary Traffic Regulation Orders (Head of Transportation).
29. The authority to make and sign permanent or experimental traffic orders where no objection has been received (Head of Transportation). NB – Requires a signed document to be kept declaring no objections received.
30. The authority to publish and sign Traffic Orders, following consideration of the objections and delegated decision by the Divisional Director of Public Realm (Head of Transportation).
31. The authority to negotiate and conclude highways agreements arising from planning consents or highways adoptions that do not involve land exchanges (Head of Transportation and Head of Environmental Services and Highways)
Decisions delegated to Business Managers within their Business Unit
32. To exercise the powers of the Council under Part IV of the Housing Act (1985), relating to securing possession of Council dwellings, eviction of secure tenants, non-secure tenants and licensees from Council accommodation in accordance with Council policy.
33. Initiation of distraint procedures against tenants with rent arrears.
34. To instruct bailiffs for the purpose of collecting parking and rent arrears and debts.
35. To exercise the Council's powers when acting on behalf of a protected intending occupier under Section 7 of the Criminal Law Act (1977) in respect of squatted and empty properties.
36. To approve advances for the improvement or repair of dwellings in accordance with the Council's policy.
37. To make grants for improvement and repair under the Housing Act (1985) Part XV and Local Government and Housing Act (1989) Part VIII up to £50,000.
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38. To exercise the powers and duties of the Council relating to applications from homeless persons under Part VII of the Housing Act (1996), in accordance with Council policy.
39. To determine whether a person presenting as homeless under the Housing Acts is intentionally homeless and whether an offer of accommodation should be made.
40. To maintain and operate the Council's Housing Register and to allocate Council properties.
41. Any temporary or emergency building or service closure to last up to one week.
42. Any planned building or service closure up to one month.
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Section 4, Part B: Financial Regulations
Financial Control Framework
A.1 The following framework of financial administration exists at Lambeth Council in accordance with Section 151 of the Local Government Act 1972, which requires that every local Authority in England and Wales should “make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.” The framework comprises:
Scheme of Delegation: part of the Council’s rules governing its own financial procedures, including the delegation of authority to councillors and officers
Financial Regulations: part of the Council’s rules made to provide a framework for its financial procedures and contract standing orders
Financial Procedures: more detailed procedures for use at officer level, prescribed by the Executive Director of Finance and Resources
Contract Standing Orders: prescribed by the Executive Director of Finance and Resources to provide a framework for its contract procedures
The four parts of the framework (the Scheme of Delegation, Financial Regulations, Financial Procedures and Contract Standing Orders) must be used together.
Devolution of Financial Management and Accounting
A.2 The Council seeks to unite service operational responsibility with financial and budgetary responsibility. It aims to empower managers and give them the tools to deliver high quality services. Part of that empowerment is to give them control of the resources needed to deliver the service so that they can plan and use those resources to obtain the maximum benefit for the service. Equally the Council must balance responsiblities with protection for officers so that officers know what they are responsible for but there are clear limits to those responsibilities and officers are not overwhelmed. Where officers do not have the authority these Regulations aim to set out clear routes for approval that enable decisions to be made with proper review in the light of the resources involved.
A.3 From April 2002, there has been a single corporate accounting system in place. The Council is committed to improving the integration of its financial systems in order to improve finance control and management.
Status of Financial Regulations
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B.1 Financial regulations provide the framework for managing the Authority’s financial affairs. They apply to every Councillor and officer of the Authority and anyone acting on its behalf.
B.2 The regulations identify the financial responsibilities of the full Council, Cabinet, Overview & Scrutiny members, the Chief Executive, the Monitoring Officer (the Director of Governance and Democracy), the Chief Finance Officer (the Executive Director of Finance and Resources), other Chief Officers and all staff of the Council. Chief Officers should ensure that they maintain records where decision making has been delegated to members of their staff, including seconded or temporary staff. Where decisions have been delegated or devolved to other responsible officers, such as school governors, references to the chief officer in the regulations should be read as referring to them. The Scheme of Delegation states which officers should maintain this decisions register.
B.3 All Councillors and staff have a general responsibility for taking reasonable action to provide for the security of the assets under their control, and for ensuring that the use of these resources is legal, is properly authorised, provides value for money and achieves best value.
B.4 The Executive Director of Finance and Resources is responsible for maintaining a continuous review of the financial regulations and submitting any additions or changes necessary to the full Council for approval. The Executive Director of Finance and Resources is also responsible for reporting, where appropriate, breaches of the financial regulations to the Council and/or to the Cabinet members.
B.5 The Council’s detailed financial systems and processes, setting out how the regulations will be implemented, are contained in the Financial Procedures, appended to the Financial Regulations.
B.6 Chief Officers are responsible for ensuring that all staff in their departments are aware of the existence and content of the Council’s financial regulations and other internal regulatory documents and that they comply with them. They must also ensure that an adequate number of copies are available for reference within their departments.
B.7 The Executive Director of Finance and Resources is responsible for issuing advice and guidance to underpin the financial regulations that members, officers and others acting on behalf of the Council are required to follow.
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Financial Management
Introduction
C.1 Financial management covers all financial accountabilities in relation to the running of the Authority, including the policy framework and budget.
The Full Council
C.2 The full Council is responsible for adopting the Authority’s Constitution and Councillors’ code of conduct and for approving the policy framework and budget within which the Cabinet operates. It is also responsible for approving and monitoring compliance with the Authority’s overall framework of accountability and control. The framework is set out in its constitution. The full Council is also responsible for monitoring compliance with the agreed policy and related Cabinet decisions.
C.3 The full Council is responsible for approving procedures for recording and reporting decisions taken. This includes those key decisions delegated to officers by the Cabinet and decisions taken by the Council and its committees. These delegations and details of who has responsibility for which decisions are set out in the constitution.
The Executive
C.4 The Cabinet is responsible for proposing the policy framework and budget to the full Council, and for discharging Executive functions in accordance with the policy framework and budget.
C.5 Executive decisions can be delegated to a committee of the Cabinet, or an officer, or a joint committee.
Committees of The Council With Financial Responsibility
Overview & Scrutiny Committee and Sub-Committees
C.6 The Overview & Scrutiny Committee and its sub-committees are responsible for scrutinising Executive decisions after they have been implemented and for holding the Executive to account. The Overview & Scrutiny Committee and its sub-committees are also responsible for making recommendations on future policy options and for reviewing the general policy and service delivery of the Authority.
Corporate Committee
C.7 The Corporate Committee discharges various non-executive functions on behalf of the Council.
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Standards Committee
C.8 The Standards Committee is established by the full Council and is responsible for promoting and maintaining high standards of conduct amongst Councillors. In particular, it is responsible for advising the Council on the adoption and revision of the members’ code of conduct, and for monitoring the operation of the code.
Statutory Officers
Chief Executive
C.9 The Chief Executive as Head of Paid Service is responsible for the corporate and overall strategic management of the Authority as a whole. He or she must report to and provide information for the Cabinet, the full Council, the Overview & Scrutiny Committee and other committees. He or she is responsible for establishing a framework for management direction, style and standards and for monitoring the performance of the organisation. The Chief Executive is also responsible, together with the Monitoring Officer, for the system of record keeping in relation to all the full Council’s decisions (see below).
Monitoring Officer (Director of Governance and Democracy)
C.10 The Monitoring Officer is responsible for promoting and maintaining high standards of financial conduct and therefore provides support to the Standards Committee. The Monitoring Officer is also responsible for reporting any actual or potential breaches of the law or maladministration to the full Council and/or to the Cabinet, and for ensuring that procedures for recording and reporting key decisions are operating effectively.
C.11 The Monitoring Officer must ensure that Cabinet decisions and the reasons for them are made public. He or she must also ensure that Council members are aware of decisions made by the Cabinet and of those made by officers who have delegated Executive responsibility.
C.12 The Monitoring Officer is responsible for advising all Councillors and officers about who has authority to take a particular decision.
C.13 The Monitoring Officer is responsible for advising the Cabinet or full Council about whether a decision is likely to be considered contrary or not wholly in accordance with the policy framework.
C.14 The Monitoring Officer (together with the Executive Director of Finance and Resources) is responsible for advising the Cabinet or full Council about whether a decision is likely to be considered contrary or not wholly in accordance with the budget. Actions that may be ‘contrary to the budget’ include:
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initiating a new policy committing expenditure in future years to above the budget level incurring interdepartmental transfers above virement limits causing the total expenditure financed from Council tax, grants and corporately held reserves to increase, or to increase by more than a specified amount.
C.15 The Monitoring Officer is responsible for maintaining an up-to-date constitution.
C.16 Pursuant to the above, the Monitoring Officer (in his role as Director of Governance and Democracy) is responsible for maintaining a system for providing legal advice to those bodies listed at C.2-C.9 inclusive, and such others as may from time to time be necessary. In summary, the objective of this system shall be that all reports to such formally constituted bodies contain specific advice on behalf of the Director of Governance and Democracy, approved by an officer of the Legal Services department, and that no reports to such bodies shall be submitted without advice and, where appropriate, authorisation from the Director of Governance and Democracy or his authorised nominee.
Chief Finance Officer (Executive Director of Finance and Resources)
C.17 The Executive Director of Finance and Resources has statutory duties in relation to the financial administration and stewardship of the Authority. This statutory responsibility cannot be overridden. The statutory duties arise from: Section 151 of the Local Government Act 1972 The Local Government Finance Act 1988 The Local Government and Housing Act 1989 The Accounts and Audit Regulations 2011 The Local Government Act 2003
C.18 The Executive Director of Finance and Resources is responsible for: the proper administration of the Council’s financial affairs setting and monitoring compliance with financial management standards issuing and keeping under review the Financial Procedures and Contract Standing Orders advising on the corporate financial position and on the key financial controls necessary to secure sound financial management ensuring proper professional practices are followed within the authority providing financial information making arrangements for the prepation of the revenue budget and capital programme treasury management
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selecting appropriate accounting policies and procedures and ensuring they are applied consistently arranging for the compilation of all accounts and accounting records preparing and publishing the annual statement of accounts in accordance with the Code of Practice on Local Authority Accounting in the United Kingdom: A Statement of Recommended Practice (Chartered Institute of Public Finance and Accountancy) and any successor codes, guidelines or regulations
C.19 Section 114 of the Local Government Finance Act 1988 requires the Executive Director of Finance and Resources to report to the full Council, Cabinet and external auditor if the Authority or one of its officers: has made, or is about to make, a decision which involves incurring unlawful expenditure has taken, or is about to take, an unlawful action which has resulted or would result in a loss or deficit to the Authority is about to make an unlawful entry in the Authority’s accounts
C.20 Section 114 of the 1988 Act also requires: the Executive Director of Finance and Resources to nominate a properly qualified member of staff to deputise should he or she be unable to perform the duties under section 114 personally the Council to provide the Executive Director of Finance and Resources with sufficient staff, accommodation and other resources – including legal advice where this is necessary – to carry out the duties under section 114
C.21 Pursuant to the above, the Executive Director of Finance and Resources is responsible for maintaining a system for providing financial advice to those bodies listed at C.2-C.9 inclusive, and such others as may from time to time be necessary. In summary, the objective of this system shall be that all reports to such formally constituted bodies contain specific advice on behalf of the Executive Director of Finance and Resources, approved by an officer of the Finance and Resources department, and that no reports to such bodies shall be submitted without advice and, where appropriate, authorisation from the Executive Director of Finance and Resources.
Chief Officers
C.22 Chief Officers are responsible for ensuring that Cabinet members are advised of the financial implications of all proposals and that the financial implications have been agreed by the Executive Director of Finance and Resources.
C.23 It is the responsibility of Chief Officers to consult with the Executive Director of Finance and Resources and seek approval on any matter liable to affect the Council’s finances materially, before any commitments are incurred.
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Divisional Directors of Resources’ Responsibilities
C.24 To ensure that all financial activity and systems within their departments are in accordance with the Scheme of Delegation, Financial Regulations, Financial Procedures and the Contract Standing Orders.
C.25 Where financial activity and systems within their departments is not in accordance with the Scheme of Delegation, Financial Regulations and the Financial Procedures, to report any concerns and identify appropriate solutions to their Executive Director. Where solutions are not being implemented this should be raised with the Executive Director of Finance and Resources.
C.26 To ensure that any additional controls they deem necessary in order to discharge their responsibilities are put in place and adhered to.
C.27 To report any unlawful expenditure to the Executive Director of Finance and Resources and their Executive Directors immediately it is realised that is is about to take place or has taken place.
C.28 To confidentially advise the Executive Director of Finance and Resources and Chief Internal Auditor of any fraudulent activity and other losses through error and mismanagement by any party connected with or employed by the Council.
C.29 To liase with the Executive Director in agreeing the annual audit plan of Departments. To report to the Executive Director of Finance and Resources any concerns where an audit is considered necessary but is not being undertaken.
C.30 To ensure that appropriate timely arrangements are in place to sign off the financial implications of all reports prior to their submission to any of the bodies listed at C.2-C.9 and other Boards as appropriate, and that such arrangements comply with the requirements set out in C.21.
C.31 To be a full-time member of the Departmental Leadership Team.
C.32 To maintain a record of responsibility for budgets, such that every business unit/cost centre combination recorded on the accounting system has one and only one appointed officer who is the person with responsibility for managing the budget. This record must comply with the requirements set out in the Corporate Scheme of Delegation.
Business Unit Managers’ Responsibilities
C.33 To ensure that all financial activity and systems within their business units is in accordance with the Scheme of Delegation, Financial Regulations and the Financial Procedures.
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C.34 Where financial activity and systems within their business units is not in accordance with the Scheme of Delegation, Financial Regulations and the Financial Procedures, to report any concerns and identify appropriate solutions to their Assistant Director or Director or Divisional Director. Where solutions are not being implemented this should be raised with their Divisional Director of Resources.
C.35 To ensure that any additional controls they deem necessary in order to discharge their responsibilities are put in place and adhered to.
C.36 To report any unlawful, fraudulent and / or inappropriate financial acivity to the departmental Divisional Director of Resources immediately it is realised that is is about to take place or has taken place. Divisional Directors should advise their Executive Director immediately.
Other Financial Accountabilities
Virement
C.37 Revenue budget virements are transfers of budgeted expenditure or income in the Oracle financial system that do not increase the council’s overall cash limit.
C.38 Capital budget virements are transfers of budgeted expenditure and resources from one project to another project within the approved capital programme (as defined in Financial Regulations). They do not increase the council’s overall capital budget.
C.39 The authorisation required for budget virements is set out in the Corporate Scheme of Delegation.
Treatment of year-end balances
C.40 Revenue. Year end overspends and underspends on general fund services will be met from or supplement general reserves in the absence of any specific decision by the Executive Director of Finance and Resources.
C.41 Capital. The Capital Investment Programme is a multi-year budget in which most projects feature for more than one year. However, the legisaltive framework of capital controls required capital expenditure to be financed annually. Accordingly, year-end overspends must always be financed and will be required to be met from either a later year of the same scheme (if appropriate) or from another capital budget within the same department, on the authority of the relevant Divisional Director of Resources. The Executive Director of Finance and Resources may agree exceptions to this where circumstances warrant it.
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C.42 Year end underspends (against the re-profiled budget agreed by Council in February of that year) will be re-profiled to a later budget year if the project is continuing, or collected corporately if the project has been completed or is being stopped.
C.43 The application of capital resources to finance capital expenditure in accordance with proper accounting practice is required to enable the closedown of accounts and the production of the Financial Statements. The Executive Director of Finance and Resources will have regard to the estimated financing set out in the Capital Investment Programme when determining the application of resources.
C.44 The application of resources referred to above does not constitute a budget virement. The effect of capital financing on expenditure and funding budgets will be reflected in a revised Capital Investment Programme agreed by Council as part of the July Finance Review.
Accounting policies
C.45 The Executive Director of Finance and Resources is responsible for selecting accounting policies and ensuring that they are applied consistently.
Accounting records and returns
C.46 The Executive Director of Finance and Resources is responsible for determining the accounting procedures and records for the Council.
The annual statement of accounts
C.47 The Executive Director of Finance and Resources is responsible for ensuring that the annual statement of accounts is prepared in accordance with the Code of Practice on Local Authority Accounting in the United Kingdom: A Statement of Recommended Practice (CIPFA / LASAAC) and any successor codes, statutes or orders. The Corporate Committee is responsible for approving the annual statement of accounts.
C.48 The Executive Director of Finance and Resources is responsible for the preparation and publication of a Statement on Internal Control (SIC), following an annual review of the Council’s systems of internal controls with the financial statements in accordance with proper practices.
Financial Information System
C.49 For the avoidance of doubt, any use of the facility for “Vacation Rules” on the Oracle financial information system must be in compliance with the Council’s Scheme of Delegation and must not be used as routine delegation.
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Financial Planning
Introduction
D.1 This section deals with the frameworks and processes by which the financial situation of the Council is planned, controlled and reported.
D.2 The full Council is responsible for agreeing the Authority’s policy framework and budget, which will be proposed by the Cabinet. The council has adopted a Service and Financial Planning process to govern setting its service objectives and budgets.
Policy Framework
D.3 The full Council is responsible for approving the policy framework and budget. The policy framework comprises a number of statutory plans and strategies and is set out in Part 3 Section 3 of the constitution. The budget is part of the policy framework.
D.4 The budget includes the Financial Management Strategy which is therefore part of the policy framework.
Budgeting
Budget format
D.5 The general format of the budget will be approved by the full Council and proposed by the Cabinet on the advice of the Executive Director of Finance and Resources. The draft budget must include as a minimum:
proposed taxation levels departmental revenue cash limits estimates of revenue expenditure and resources over 3 years estimates of growth and savings over 3 years estimates of capital expenditure and resources over 3 years individual programme or project budgets for schemes within the capital programme disposals programme prudential indicators over 3 years
D.6 A separate budget must be approved by Cabinet for the Housing Revenue Account (HRA) on the advice of the Executive Director of Finance and Resources. The draft budget must include as a minimum:
Proposed rent levels Proposed service charge levels estimates of expenditure and resources over 3 years estimates of growth and savings over 3 years
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Budget preparation
D.7 The Executive Director of Finance and Resources is responsible for ensuring that the annual revenue budget is prepared in accordance with the Council’s integrated Service and Financial Planning process.
D.8 The Service and Financial Planning process is part of the Financial Procedures and sets out:
the stages in the cycle the roles and responsibilities of officers and members guidance for preparing budgets guidance for preparing growth and savings proposals
Budget frequency
D.9 The Revenue and Capital Budget is set annually by Council each February.
D.10 The July Finance Review updates the revenue and capital budgets in light of the outturn for the preceding financial year. It also affords the opportunity to update capital investment profiles and allocate additional capital resources.
D.11 The November Finance Review provides a mid-cycle review of performance, and the opportunity to update capital investment profiles and allocate additional capital resources.
Budget monitoring and control
D.12 The Executive Director of Finance and Resources is responsible for providing appropriate financial information to enable capital and revenue budgets to be monitored effectively. Financial information is reported to the Cabinet and Strategic Leadership Board on a monthly basis as part of the Finance Monitor. This report will detail the actual position in comparison to the budget, projected out-turn position and any proposed action to be taken by departments to deal with any variances..
D.13 The Financial Procedures set out the process for budget monitoring and control and also provide guidance. However, it is the responsibility of Chief Officers to control income and expenditure within their area and to monitor performance, taking account of financial information provided by the Executive Director of Finance and Resources and / or their own systems. They should also take any action necessary to avoid exceeding their budget allocation and alert the Executive Director of Finance and Resources if this cannot be achieved.
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Resource allocation
D.14 The Council uses its Service and Financial Planning process to allocate resources.
Maintenance of Reserves
D.15 It is the responsibility of the Executive Director of Finance and Resources to advise the Cabinet and / or the full Council on prudent levels of reserves for the Authority.
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Risk Management and Control of Resources
Introduction
E.1 The Accounts and Audit Regulations 2003, amended 2006 require that the Council ensures that its financial management is adequate and effective and that there is a sound system of financial control that facilitates the effective exercise of the Council’s functions and that includes risk management arrangements.
Risk Management
E.2 The Council is committed to establishing an effective risk management framework and culture to enable management at all levels to deliver their objectives in the light of those risks.
E.3 Risk is managed and in particular : Identified and assessed Mitigated Monitored And integrated into the Council’s business planning systems and arrangements
E.4 Risk assessments should be conducted followed by appropriate work to manage the risks identified.
E.5 This must be done before business plans are completed, so that the Council is able to identify any significant risks that could jeopardise delivery of business plans in the following year and for which appropriate actions will need to be taken.
E.6 A risk register has been introduced as a common corporate standard.
E.7 The Corporate Committee is responsible for approving the Council’s risk management policy statement and strategy and for reviewing the effectiveness of risk management.
E.8 The Executive Director of Finance and Resources is responsible for preparing the Council’s risk management policy statement and for promoting it throughout the Authority. The Executive Director of Finance and Resources is responsible for ensuring that the Council has appropriate and adequate insurance cover.
E.9 Chief Officers are responsible for establishing contingency plans for the security of assets and continuity of services in the event of system failure or disaster.
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Internal Control
E.10 Internal control refers to the systems of controls devised by management to help ensure the Authority’s objectives are achieved in a manner that promotes economical, efficient and effective use of resources and that the Authority’s assets and interests are safeguarded.
E.11 The Executive Director of Finance and Resources is responsible for advising on effective systems of internal control. These arrangements need to ensure compliance with all applicable statutes and regulations, and other relevant statements of best practice. They should ensure that public funds are properly safeguarded and used economically, efficiently, and in accordance with the statutory and other authorities that govern their use. Wherever possible systems of internal control should ensure that: -
there is adequate separation of duties between (a) the provision of information about sums due to or from the authority including calculating, checking and recording these sums and (b) the duty of collecting or disbursing them and
employees charged with the duty of examining or checking the accounts of cash transactions must whenever possible not be engaged in making these transactions.
E.12 It is management’s responsibility to maintain systems of risk management, internal control and governance. It is the responsibility of Chief Officers to establish sound arrangements for compliance with systems of internal control, for planning, appraising, authorising and controlling their operations in order to achieve continuous improvement, economy, efficiency and effectiveness and for achieving their financial performance targets.
Audit Requirements
E.13 The Council will conduct a review, at least once a year, of the effectiveness of its systems of internal control. The Council will also conduct, at least once a year, a review of the effectiveness of its system of internal audit. The findings of both reviews will be considered together by either the Corporate Committee or full Council. The Council will publish a statement of findings together with its accounts.
E.14 The Audit Commission is responsible for appointing external auditors to each local Authority. The basic duties of the external auditor are governed by Section 5 of the Audit Commission Act 1998.
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E.15 The Council may, from time to time, be subject to audit, inspection or investigation by external bodies such as HM Revenue and Customs, who have statutory rights of access.
E.16 The Executive Director of Finance and Resources is responsible for arranging an adequate and effective internal audit in order to examine the accounting records and systems of internal control of the Council in accordance with proper practices in relation to internal control. Proper internal control practices for internal audit are those contained within the Code of Practice for Internal Audit in Local Government in the United Kingdom, 2006.
E.17 Internal Audit will advise on whether the Council’s governance arrangements – appropriate risk management processes, control systems and operational procedures – are in place and operating properly. This scope will extend to systems or services provided wholly by, or in conjunction with other organisations, including partnership arrangements. Internal auditors will give assurance to all levels of management about the efficiency and effectiveness of operations, compliance with laws and regulations, and accuracy and reliability of management reporting. As part of this Internal Audit is responsible for embedding a mechansim to make this happen.
E.18 Internal auditors and external auditors shall have access for any necessary examination and audit, at all reasonable times, to all cash, property, documents, books of accounts and vouchers appertaining in any way to the finances and other operations of the Council, including those of partner organisations, and are entitled to require such explanations as may be reasonably considered necessary to satisfy themselves of the correctness of any matter under examination.
E.19 The Council’s Corporate Committee will perform the ‘Audit Committee’ role and the Chief Internal Auditor will build and maintain an effective working relationship between committee and internal audit. The Chief Internal Auditor will seek to balance being appropriately accountable to the committee, helping the committee to be effective and relationships with others, for example the Section 151 Officer.
Preventing Fraud and Corruption
E.20 The Council’s anti fraud aims will be achieved by a dedicated anti fraud function, investigation procedures, a prosecution policy, whistleblowing hotline, employee screening, awareness training, cross intelligence sharing and involvement in fraud prevention and awareness by all staff and stakeholders (residents and customers)
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E.21 The Council will continue to take fraud and other avoidable losses (arising from error or mismanagement) seriously and tackle it on all fronts. The Council’s fight against avoidable loss is an important aspect of its public accountability.
E.22 The Council has also issued ethical and governance standards so that staff and customers are guided on what is accepted custom and practice and what is not deemed to be acceptable. The Council will take appropriate action if these standards are breached.
E.23 The Executive Director of Finance and Resources is responsible for the development and maintenance of an anti-fraud and anti-corruption policy including a fraud response plan outlining the steps to be followed where staff suspect fraud.
E.24 All Chief Officers, business managers and staff are responsible for ensuring that the opportunities for fraud are minimised. Separation of duties, effective procedures and checks should prevent or deter fraud from occurring and all are responsible for ensuring that the Chief Internal Auditor and the Executive Director of Finance and Resources is informed at the earliest possible time of any incident or circumstance which gives rise to the suspicion that some kind of fraud, misappropriation or financial irregularity may be taking place or may have taken place, in connection with the activities of the Council.
E.25 Where the Council has suffered loss, restitution will be sought of any benefit or advantage obtained and the associated costs of recovery will be sought from individual(s) responsible for fraud.
Assets
E.26 The Integrated Property Asset Management and Financial Planning Framework articulates the council’s framework for property asset management. All officers are required to have regard to it when exercising delegations in relation to property.
E.27 With respect to the purchase and sale of assets all officers are required to act in accordance with the Scheme of Delegation.
E.28 Chief Officers should ensure that business managers maintain records of assets purchased and assets are properly maintained and securely held. They should also ensure that they have in place contingency plans for the security of assets and continuity of service in the event of disaster or system failure.
E.29 The rules for procuring, managing and disposing of IT products are laid out in the Council’s IT Standards, version 2.2, and Chief Officers should ensure that this guidance is followed.
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E.30 Business Unit Managers may dispose of assets through sale, donation or scrapping. For every disposal, the business unit manager must record the reasons for the disposal, and particularly must be able to demonstrate that the assets are obsolete or surplus to requirements. The limits for such disposals are set out in the Scheme of Delegation. Officers should assure themselves that the assets concerned are the property of the Council (rather than a leasing company) before disposing of them.
Treasury Management
E.31 The Council has adopted CIPFA’s Code of Practice for Treasury Management in Public Services.
E.32 The Executive Director of Finance and Resources is responsible for reporting to the full Council at least twice in each financial year on the activities of the treasury management operation and on the exercise of his or her delegated treasury management powers:
A proposed treasury management strategy for the coming financial year at or before the start of each financial year.
An annual report on the treasury management activity for presentation by 30th September of the succeeding financial year (full Council has delegated responsibility for the approval of this report to Corporate Committee).
E.33 All decisions on borrowing, investment or financing shall be delegated to the Executive Director of Finance and Resources, who is required to act in accordance with CIPFA’s Code of Practice for Treasury Management in Public Services.
E.34 All money in the hands of the Council is controlled by the officer designated for the purposes of section 151 of the Local Government Act 1972, referred to in the code as the Director of Finance.
E.35 The Executive Director of Finance and Resources is responsible for authorising the opening of new bank accounts and approving the financial limits of authorised signatories to bank accounts.
Staffing
E.36 The full Council is responsible for determining how officer support for Executive and non-Executive roles within the Council will be organised.
E.37 The Chief Executive is responsible for providing overall management to staff. He or she is also responsible for ensuring that there is proper use of the evaluation or other agreed systems for determining the remuneration of a job.
E.38 Chief Officers are responsible for controlling total staff numbers by:
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advising the Cabinet on the budget necessary in any given year to cover estimated staffing levels adjusting the staffing to a level that can be funded within approved budget provision, varying the provision as necessary within that constraint in order to meet changing operational needs the proper use of established appointment procedures.
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Systems and Procedures
Introduction
F.1 Sound systems and procedures are essential to an effective framework of accountability and control.
General
F.2 The Executive Director of Finance and Resources is responsible for the operation of the Council’s accounting systems, the form of accounts and the supporting financial records. Any changes made by Chief Officers to the existing financial systems or the establishment of new systems must be approved by the Executive Director of Finance and Resources. However, Chief Officers are responsible for the proper operation of financial processes in their own departments.
F.3 Any changes to agreed procedures by Chief Officers to meet their own specific service needs should be agreed with the Executive Director of Finance and Resources.
F.4 Records should be retained in adherance to the Council’s guidelines on retention of documents and the record management policy which is line with the Council’s IT policy and the Freedom of Information Act 2000. See H.1 to H.5 below.
F.5 Chief Officers should ensure that their staff receive relevant financial training that has been approved by the Executive Director of Finance and Resources.
F.6 Chief Officers must ensure that, where appropriate, computer and other systems are registered in accordance with data protection legislation. Chief Officers must ensure that staff are aware of their responsibilities under freedom of information legislation and the Computer Misuse Act 1990.
Income and Expenditure
F.7 It is the responsibility of Chief Officers to ensure that a proper scheme of delegation has been established within their area and is operating effectively. The scheme of delegation should identify staff authorised to act on the chief officer’s behalf, or on behalf of the Executive, in respect of payments, income collection and placing orders, together with the limits of their Authority. The Scheme of Delegation identifies approving procedures for writing off debts as part of the overall control framework of accountability and control. This is supplemented by the Financial Prodecures issued by the Executive Director of Finance and Resources. Copies of all schemes of delegation should be kept in a register after signing by the chief officer to show agreement with the scheme.
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F.8 The scheme of delegation and financial regulations apply to all expenditure, even where it is incurred in relation to external income and is therefore not part of a department’s cash limit. Consequently, the receipt of external income does not in itself provide the authority to incur expediture.
Payments to Employees and Members
F.9 The Divisional Director of Human Resources is responsible for all payments of salaries and wages to all staff, including payments for overtime, and for payment of allowances to members.
Taxation
F.10 The Executive Director of Finance and Resources is responsible for advising Chief Officers, in the light of guidance issued by appropriate bodies and relevant legislation as it applies, on all taxation issues that affect the Council.
F.11 The Executive Director of Finance and Resources is responsible for maintaining the Council’s tax records, making all tax payments, receiving tax credits and submitting tax returns by their due date as appropriate. NB: Payroll records, including PAYE and NIC returns are maintained by the Payroll Manager who reports to the Divisional Director of Human Resources.
Trading Accounts
F.12 It is the responsibility of the Executive Director of Finance and Resources to advise on the establishment and operation of trading accounts. It is Chief Officers’ responsibility to ensure that guidance on trading accounts issued by the Executive Director of Finance and Resources is adhered to.
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External Arrangements
Introduction
G.1 The Council provides a distinctive leadership role for the community and brings together the contributions of the various stakeholders. It must also act to achieve the promotion or improvement of the economic, social or environmental well-being of its area.
Partnerships
G.2 The Cabinet is responsible for approving delegations, including frameworks for partnerships. The Cabinet is the focus for forming partnerships with other local public, private, voluntary and community sector organisations to address local needs.
G.3 The Cabinet may delegate functions – including those relating to partnerships – to officers. These are set out in the scheme of delegation that forms part of the Council’s constitution. Where functions are delegated, the Cabinet remains accountable for them to the full Council.
G.4 The Chief Executive represents the Council on partnership and external bodies, in accordance with the scheme of delegation.
G.5 The Monitoring Officer is responsible for promoting and maintaining the same high standards of conduct with regard to financial administration in partnerships that apply throughout the Council.
G.6 The Executive Director of Finance and Resources must ensure that the accounting arrangements to be adopted relating to partnerships and joint ventures are proper. He or she must also consider the overall corporate governance arrangements and legal issues when arranging contracts with external bodies. He or she must ensure that the risks have been fully appraised before agreements are entered into with external bodies.
G.7 Chief Officers are responsible for ensuring that appropriate approvals are obtained before any negotiations are concluded in relation to work with external bodies.
External Funding
G.8 The Executive Director of Finance and Resources is responsible for ensuring that all funding notified by external bodies is received and properly recorded in the Council’s accounts in accordance with proper accounting practice.
G.9 The scheme of delegation and financial regulations apply to all expenditure, even where it is incurred in relation to external funding. Consequently, the receipt of external funding does not in itself provide the authority to incur expediture.
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G.10 The council has discretion over the application of un-ring-fenced grants. Accordingly, the application of un-ring-fenced grants should be determined as part of the Service and Financial Planning process.
Work For Third Parties
G.11 The Cabinet is responsible for approving the contractual arrangements for any work for third parties or external bodies.
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Retention of Records
H.1 Chief Officers, Business Managers and Headteachers of Schools shall be responsible for ensuring that records are carefully and systematically filed and retained for inspection by the Executive Director of Finance and Resources or agencies (e.g. HM Revenue and Customs).
H.2 The advised minimum periods for the retention of financial records are set out in the Financial Procedures. The list is not exhaustive and where there is uncertainty the advice of the Executive Director of Finance and Resources and/or the Director of Governance and Democracy must be sought. Periods referred to are in addition to the current year of account, which ends at the conclusion of the annual external audit of the Council’s accounts (i.e. usually the 31st December following the end of the financial year).
H.3 Records held locally in establishments shall be retained in accordance with approved local management schemes, which in turn must meet the Council’s standards.
H.4 The Executive Director of Finance and Resources or his representative shall have access to documents relating to such funds should it be deemed necessary.
H.5 A Records Management Policy has been created to meet the requirements of the Freedom of Information Act. This Policy applies to electronic records and to manual records (e.g. paper, microfiche). A record is any recorded material (usually a document) whether or not it is stored in a database or file.
Minimum controls
I.1 Maximum levels of authorisation are set out in the Scheme of Delegation.
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Section 5 – Joint Arrangements
Delegations to joint committees and other bodies
Functions discharged by London Councils Joint Committees:
London Councils Leaders’ Committee:
This committee comprises one councillor of each of the London Local Authorities (usually the councillor designated as the authority’s “Leader”, plus up to two named deputies).
Its functions include the following:
1. To consult on the common interests of the London local authorities and to discuss matters relating to local government.
2. To represent the interests of the London Local Authorities to national and local government, Parliament, the European Union and other bodies.
3. To formulate policies for the development of democratic and effectively managed local government.
4. To provide services to the London Local Authorities including the provision of information.
5. To provide information to the public, individuals and other organisations on the policies of the London Councils and other issues relevant to London.
6. To act for and on behalf of London Local Authorities in their role as employers, through the provision of a range of services.
7. To appoint councillors to serve on the Greater London Provincial Council and to represent the views of the London Local Authorities on pay and terms and conditions of service to the national negotiating body.
8. To review the needs of Greater London under the London Boroughs Grants Scheme, in accordance with which the London Local Authorities make grants to voluntary organisations within Greater London and to approve the budget proposed for the Scheme each year.
9. To consult with the London Councils Transport and Environment Committee (see below) regarding strategic policies and annual budget.
10.To establish an independent remuneration panel to make recommendations to the London Local Authorities regarding the payment of allowances to the councillors of those authorities.
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London Councils Transport and Environment Committee (LC TEC)
This committee comprises one councillors from each London local authority (usually the lead councillor for transport and/or environmental issues plus up to four named deputies) and a councillor from Transport for London (which is part of the Greater London Authority).
Its functions include the following:
1. To appoint and provide accommodation and support for Parking Adjudicators and to administer the Parking Appeals Service, which is an independent service for those wanting to appeal against a council’s decision on a parking ticket.
2. To set the level of penalties and other enforcement charges and the level of discount for early payment of penalties.
3. To set the level of penalties for decriminalised contraventions in bus lanes, and the level of discount for early payment of penalties.
4. To operate other parking services including the TRACE line, which provides 24-hour information on cars which have been towed away.
5. The publication of a code of practice on parking enforcement and the dissemination of parking enforcement information to drivers and the general public.
6. To co-ordinate and maintain vehicle clamping and removal operations.
7. To provide IT services to the London Local Authorities for DVLA enquiries, County Court debt registrations and warrants, borough payment information exchange and a persistent offenders database.
8. The production and maintenance of the parking attendants’ handbook of contravention codes.
9. To administer the Health Emergency Badge Scheme for doctors, nurses and health visitors.
10. To act as the National Joint awarding body for National Vocational Qualifications for Parking Attendants.
11. The establishment of London-wide parking schemes.
12. The establishment of London-wide parking schemes, including the setting of fixed penalties for offences under the London Local Authorities and Transport for London Act 2003 and London Local Authorities Act 2004.
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13. Any other functions that are required or permitted under the London Local Authorities and Transport for London Act 2003 and London Local Authorities Acts 2004 and 2007.
14. To manage on behalf of participating councils the Concessionary Fares (Freedom Pass) free ticket initiative for London’s senior citizens, blind and disabled people.
15. To administer the London Lorry Ban, which prevents lorries travelling down residential streets at night and at weekends.
16. To manage on behalf of participating councils the Taxicard Scheme, which provides free transport for London’s disabled community.
17. To take a borough-wide strategic overview on London’s transport policy and policy issues in planning, the environment, consumer protection, trading standards and waste.
London Councils Grants Committee
This committee comprises one councillor (plus up to four named deputies) from each London local authority.
Its functions include the following:
1. To keep under review the needs of Greater London and report to the Grants Committee and London Councils from time to time on a strategy for collective grant giving devised with due regard to those needs;
2. To draw up and submit for consideration and approval by the Grants Committee detailed criteria and policies for grant giving in the light of the agreed strategy;
3. To prepare and submit an annual budget for consideration by the Grants Committee and London Councils by the end of November each year for the financial year commencing the following April. This budget shall include the costs of staffing, office and support services considered necessary to facilitate the effective and efficient operation of the Scheme, as well as expenditure proposals for grant aid to eligible voluntary organisations, and any contingency provision;
4. To receive, assess and process grant applications from eligible voluntary organisations and report on them and make recommendations to the Grants Committee and or any Sub-Committees it may establish;
5. To administer the payment of approved grants to eligible voluntary organisations and monitor the use made of such funding;
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6. To convene and service meetings of the Grants Committee, its sub- committees and any other bodies established by it.
Sectoral Joint Committee (London Housing Unit Committee - LHUC)
This committee comprises one representative from each of the following member boroughs:
Barnet, Brent; Camden; Croydon; Ealing, Enfield; Greenwich; Hackney; Hammersmith and Fulham; Haringey; Hillingdon; Hounslow; Islington; Lambeth; Lewisham; Merton; Newham; Redbridge; Southwark; Tower Hamlets and Waltham Forest.
The Committee’s primary role is to provide a service to its member boroughs housing functions. This can include the activity of other housing agencies.
The service includes: provision, organisation and co-ordination of housing publicity and information such as on likely implications of changes in Government policy on rents. research, evaluation and analysis on housing policy and service delivery such as the effectiveness of different policies e.g. tenants participation, tackling racial harassment etc. publicity on the findings e.g. on the particular problems faced by private tenants on HB in London
The service also provides professional, administrative and technical assistance to member boroughs and other bodies in the preparation and implementation of specific projects. An example would be looking at the scope for managing priority homelessness demand.
Whilst the Service Plan is determined by LHUC and the bulk of it is specifically for LHUC member boroughs, part of the work is on behalf of the 33 boroughs as support to London Councils more generally. An example would be compiling the evidence for and analysing the case for London boroughs to have higher allowances for managing and maintaining council housing.
Functions discharged by other bodies:
Joint Scrutiny Committees (incl. Health)
Pursuant to s.32 Local Democracy, Economic Development and Construction Act 2009 joint overview and scrutiny committees may be set up by any two or more local authorities. Such committees may make reports and recommendations on any matter (other than excluded matters) and associated authorities may be required to provide any information to joint overview and scrutiny committees (other than that relating to crime and disorder matters).
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There are, broadly speaking, two distinct and separate roles for Joint Health Scrutiny Committees to discharge:
1. Pursuant to regulation 7 of the Local Authority (Overview and Scrutiny Committees Health scrutiny Functions) Regulations 2002, the Council and one or more other local authorities may, from time to time, decide to appoint a Joint Health Scrutiny Committee and arrange for it to review and scrutinise, in accordance with the Regulations, matters relating to the health service in the authorities’ area and to make reports and recommendations on such matters. 2. Where a local NHS body has under consideration any proposal for a substantial development of the health service in the authority’s area, or for a substantial variation in the provision of such service, the Health Scrutiny Sub-Committee must consider and make comments on the proposal by such date as may be specified by the local NHS body. Where the proposal relates to more than one local authority area, it must be considered by a Joint Health Scrutiny Committee appointed by each of the local authorities in question.
In view of the potential need to establish a Joint Scrutiny Committees at short notice or for reasons of urgency, and which may involve one or more other local authorities, the Executive Director of Finance & Resources is authorised to make arrangements for establishing Joint Scrutiny Committees, as appropriate and in consultation with the Chair and Vice Chair of Overview and Scrutiny Committee and the relevant Scrutiny Sub-Committee. These arrangements include, but are not limited to, agreeing with the other local authorities represented on the Joint Committee the specific terms of reference, constitution, membership and administrative arrangements.
Upper Norwood Joint Library Committee
The Joint Committee comprises of four councillors each from the London Boroughs of Lambeth and Croydon. At least two councillors from each party (i.e. the London Boroughs of Croydon and Lambeth) should represent the Upper Norwood area and at least one should have some executive responsibility for libraries.
The Joint Committee has the following functions:
1. To formulate policies and objectives of the Upper Norwood Joint Library.
2. To be responsible for the direction of the staff in order to facilitate the provision by the Joint Committee of the service or the carrying out of its other obligations, and to delegate such duties to the staff as may in the circumstances be reasonable.
3. To be responsible for the winding up of this service.
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Additional powers have been conferred on the Joint Committee to enable the Committee to create a Sub-Committee, and in particular to establish a Development Project Sub Committee.
Western Riverside Waste Authority
The Western Riverside Waste Authority (WRWA) is the statutory body formed to discharge the operational functions of waste disposal for the areas of the London Boroughs of Hammersmith & Fulham, Kensington & Chelsea, Lambeth, and Wandsworth. The Authority consists of two elected councillors from each of the constituent Councils.
Objective The objectives of the Authority are to:-
provide places for the deposit of refuse and to dispose of refuse delivered to those places; produce waste disposal plans; encourage reclamation and recycling of waste; dispose of waste arising from sites provide by Borough Councils for local residents to deposit refuse free of charge; dispose of abandoned vehicles; and make remunerative use of the operating capacity of the assets of the Authority.
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b
Health and Wellbeing Board: governance arrangements and terms of reference
Contents list:
Section Issue Page
1. Background 2 2. Governance 2 3. Terms of reference 2 4. Membership 3 5. Key relationships 4 6. Making the Board accessible 6 7. Code of conduct of members 8 8. Declarations of interests 8 9. Secretarial, co-ordination, policy and administrative support 8 10. Frequency of Board meetings 8 11. Time and venue of Board meetings 8 12. Agenda and minutes: preparation and publication 9 13. Meeting arrangements 10 Annex 1 Principles for Involving Citizens 12 Annex 2 Code of conduct 14
Contacts for further information:
Secretary: Kieron Williams Tim Stephens Head of Health and Wellbeing Democratic Services Manager Partnership Governance and Democracy Finance and Resources Adults’ and Community Services London Borough of Lambeth London Borough of Lambeth Phone: 020 7926 2754 Phone: 020 7926 6451 Mobile: 07958 741 753 Secondary phone: 02030494048 Fax: 020 7926 2361 Email: [email protected] Email: [email protected] Website: www.lambeth.gov.uk Twitter: @lbldemocracy Facebook: Lambeth Council - Democracy live
Room 200 Lambeth Town Hall Brixton Hill London SW2 1RW
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1. Background
1.1 As part of the Government restructuring of health and care functions in England, under the Health and Social Care Act 2012, all upper tier authorities are required to establish a Health and Wellbeing Board (HWB) for their area with effect from April 2013, and authorities were encouraged to establish a shadow board in the meantime. Lambeth’s Cabinet established the council’s shadow HWB (including functions, membership, chairing, citizen involvement, operation, accountability and relationships) on 16 April 2012.
1.2 In line with its cooperative approach, Lambeth council worked up with its partners throughout 2010 and 2011 an agreed and defined partnership approach to the operation of its HWB.
1.3 The ambition behind the introduction of Health and Wellbeing Boards is to build strong and effective partnerships, which improve the commissioning and delivery of services across the NHS and local government, leading to improved health and wellbeing for local people. In Lambeth, an outline vision for involving citizens has been developed (see Annex 1).
1.4 The successful shadow arrangements are to be applied for the operation of the statutory Board, amended as necessary in the light of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013.
1.5 The HWB is formally a section 102 committee established by Lambeth Council and the normal rules of governance apply. The HWB will however carry out executive functions.
2. Governance
2.1 This document sets out the operational rules for the Health and Wellbeing Board, and are incorporated in the Council’s Constitution.
3. Terms of reference
3.1 To establish a shared understanding of health and wellbeing outcomes for Lambeth’s population, including the variations in outcome for different groups within the borough. Including by ensuring Lambeth has in place an effective outcomes focused joint strategic needs assessment process that is actively informing decision making by all partners.
3.2 To set the strategic direction for action to improve and protect health and wellbeing and reduce inequalities. Including by agreeing a joint health and wellbeing strategy that clearly sets out the outcomes that the board and its partners will focus on improving and the intended beneficiaries of those improvements - to provide a strategic framework for local commissioning and delivery.
3.3 To ensure citizens, communities and other stakeholders in Lambeth are fully involved in understanding health and wellbeing outcomes, identifying priorities and taking action to deliver improvement, through the active and comprehensive adoption of co-production and co-design approaches.
3.4 To maximise the health and wellbeing outcomes achieved from the resources and assets available within the borough .
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3.5 To provide leadership for the transformation of local services through culture change based in principles of coproduction, prevention, personalisation and integrated care.
3.6 To enhance the accountability of public services to the people of Lambeth for their contribution to improving health and wellbeing outcomes in the borough.
3.7 To engage, challenge and hold to account partners agencies in all of the above processes (but not to perform a formal scrutiny role which will remain the responsibility of the Council’s Overview and Scrutiny Committees).
3.8 To provide a united voice to take forward the health and wellbeing interest of Lambeth with outside agencies
4. Membership
4.1 The constitution of the Board is as follows:
Lambeth Council: Cabinet Member for Health and Wellbeing (Chair of Board) Cabinet Member for Children and Families (Vice-Chair of Board) Majority Opposition member (Liberal Democrat Party Group) Minority Opposition member (Conservative Party Group) Executive Director of Adults’ and Community Services (i.e. the director of adult social services) Executive Director of Children and Young People’s Service (i.e. the director of children’s services) Director of Public Health
Lambeth Clinical Commissioning Group (Chair): (Vice-Chair of Board) One additional clinical or lay member An Executive Officer
A National Commissioning Board Representative
A King’s Health Partners CEO Representative
A Lambeth Healthwatch representative
Note: by law, membership must include: • At least one councillor • The director of adult social services • The director of children’s services • The director of public health • A representative of Healthwatch • A representative of CCG
4.2 Each constituent organisation will notify the Head of Democratic Services and Scrutiny in writing of its nominated representative and one substitute member.. The names of members and substitute members will be published on the Council’s website. In order to ensure continuity, it is expected that the nominated representative will serve for at least year, with no maximum length of
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service. In-year changes may however be made; no membership change may be made after noon on the day of a Board meeting.
4.3 The appointed substitute member will have all the powers and duties of the substituted member (including voting – see para. 13.12 below).
4.4 Members of the Board shall be expected to participate fully in the business of Board to achieve the Board’s terms of reference as set out in paragraph 3 above. As such the constituent members’ appointed representatives should:
(a) Be of sufficient seniority and authority within their organisation to enable them to contribute to the Board in a significant way.
(b) Understand they are accountable to their own host organisation, and need to operate under an appropriate mandate to act for them, i.e. to represent the policies or view of their organisation where relevant, rather than any personal view.
(c) Provide information, data and consultation material to the Board as appropriate to inform discussions and decisions.
(d) Ensure they read all agenda papers prior to the meeting so they can make an informed contribution to discussions and decisions.
(e) Ensure that the policies and decisions of the Board are widely disseminated within their organisation and cascaded to staff/councillors as appropriate.
(f) Sign up to the highest standards of conduct in their HWB activity to maintain the credibility and integrity of the Board.
4.5 In particular, it is the Board’s expectation that all Board members will:
(a) Promote the activity of the Board.
(b) Help identify resources to implement and realise the functions of the Board.
(c) Pledge themselves to take decisions reflecting their best assessment of the option(s) which maximises overall benefits to the Board, rather than merely seeking to assess benefits or disbenefits to their own particular employing/nominating organisation alone.
(d) Add value to, contribute to and advise the Board.
(e) Act in a business-like manner.
(f) Recognise and respect the intellectual property rights of individual constituent organisations and those organisations represented on the Board.
(g) Give up their time free of charge (see para. 9 below); no allowances or expenses are paid.
5. Key relationships
5.1 HWB to Lambeth’s Children’s Trust Board (CTB):
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• The CTB is accountable to the HWB for the actions it takes forward to improve the health and wellbeing of children, young people and families. • To ensure full coordination between these two groups the Chair of the CTB (the Cabinet Member for Children and Families) is a Vice-Chair of the HWB. • The primary focus of the CTB is early intervention to improve outcomes for children, young people and families - it leads this work on behalf of the HWB. • The CTB also provides leadership to fully engage those organisations that primarily focus on children and young people in shaping and delivering Lambeth’s joint health and wellbeing strategy, including schools. • The CTB includes Clinical Commissioning Group membership to ensure the full involvement of the NHS in its work.
5.2 HWB to the Lambeth Council’s Health & Adult Services Scrutiny Sub-Committee:
5.2.1 The local authority scrutiny function has the specific and crucial role of acting as a ‘critical friend’, providing constructive challenge to decision makers and holding them to account for the decisions they make, the basis on which they make them and the outcomes that result. How health overview and scrutiny might interface with the HWB, and how scrutiny of the HWB in its final form will work in practice, will be developed over the course of the shadow year but key areas for scrutiny activity are likely to include: • Contributing to and providing challenge to the HWB strategy, priorities and action plans. • Contributing to and commenting on future iterations of the Joint Strategic Needs Assessment. • Scrutinising the extent to which agencies are working together to ensure that implementation of action plans are delivering on outcomes. • Ensuring that the HWB decisions are informed by the views and experiences of local residents and users of services. • Providing the challenge to test the co-ordination of health and social care. • Taking an objective overview of service re-configurations.
5.3 HWB to the Lambeth Clinical Commissioning Group (LCCG):
5.3.1 The Lambeth Clinical Commissioning Group (LCCG) has taken over from the Lambeth Primary Care Trust as the main local commissioner of NHS care, and the Lambeth Clinical Commissioning Collaborative Board manages the LCCG.
• The LCCG is a statutory partner on the HWB (see para 4.1 above for its representation on the board). The LCCG has an equal duty with the local authority to undertake a Joint Strategic Needs Assessment (JSNA) and produce a Joint Health and Wellbeing Strategy (JHWS) through the HWB, and to have regard to both in the planning and delivery of all of its functions. • Whilst the LCCG is not be directly accountable to the HWB it does have a duty to involve the HWB in the development of its annual commissioning plan; with the HWB being required to provide an annual statement to the Head of Democratic Services and Scrutiny of State as to whether the LCCG’s plan has due regard to the local JSNA and JHWS.
6. Making the Board accessible
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6.1 The aim of the Board is to make its business accessible to all members of the community and partners with special needs. Accessibility will be achieved in the following ways:
(a) Ensuring adequate physical access to Board meetings. (b) Providing signers, interpreters or other specialist support within existing resources, on request to the Head of Democratic Services and Scrutiny. (c) Ensuring that all agenda papers are available five clear days before the meeting (see also para. 12 below). Documents may be translated or produced in Braille etc. as far as possible within existing resources, on request to the Head of Democratic Services and Scrutiny. (d) Including a work programme of planned future work on each ordinary meeting agenda. (e) Reports and presentations are in a style that is accessible to the wider community, and of a suitable length, so that their content can be easily understood (see also para. 12 below). (f) Enabling the recording of meetings (see para. 13.7- 13.9 below).
6.2 All meetings will be open to the press and public, unless the voting members decide by resolution to exclude the press and public from part of the meeting – see Council Constitution, Part 3, Section 2. See para. 12 below on the publication arrangements for agendas and minutes.
6.3 HWB will welcome public involvement through the submission of public notice questions on the work of the HWB (see para. 6.4 below on detailed arrangements). The Head of Democratic Services and Scrutiny will refer deputation requests and petitions to the Council. The HWB will respond to petitions and deputations on request from the Council.
6.4 Public notice questions (PNQs)
6.4.1 PNQs may be submitted to each ordinary Board meeting by persons living, working, studying or using health services in the borough.
6.4.2 PNQs must be concise to enable as many as possible to be considered in the time available at the meeting.
6.4.3 Each PNQ must include the name, address, email address and telephone number(s) (the name of the questioner will be published on the agenda (this may be withheld from publication in reasonable circumstances).
6.4.4 Each question may be addressed to a particular Board Member or will otherwise be referred to the relevant Board Member by the Head of Democratic Services and Scrutiny.
6.4.5 PNQs must be submitted by the published deadline (seven clear days before the meeting).
6.4.6 A submitted PNQ may be rejected by the Head of Democratic Services and Scrutiny (in consultation with the Chair) if it:
• Is not about a matter for which the Board has a responsibility. • Is defamatory, frivolous or offensive. • Would incur a disproportionate cost (i.e. usually in excess of £500).
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• Raises essentially the same issues as a question which has been considered at a previous meeting in the past six months unless circumstances have changed substantially. • Requires the disclosure of confidential or exempt information. • Is currently being considered under a constituent organisation’s formal complaints procedure. • Is currently the subject of a complaint to the Parliamentary and Health Service Ombudsman or Local Government Ombudsman. • Is currently the subject of legal proceedings in whatever form.
6.4.7 Accepted PNQs will be published on the agenda (in the order received) and referred to the Board Member for them to prepare an answer. However, where a questioner has submitted more than one question, all “first” questions will be taken first, “second” questions will be taken next and so on.
6.4.8 The draft answer prepared by the Board Member concerned will be sent to the Chair and Secretary by close of play the day before the meeting.
6.4.9 At the meeting, the Board member will give an oral answer to the question. The questioner may ask one supplementary question, which must be relevant to the original question or answer given.
6.4.10 After the meeting, the Head of Democratic Services and Scrutiny will write to the questioner with the answer(s) given.
Principles
6.5 The principles for involving citizens in the work of the Board are set out in Annex 1. These were coproduced through a working group with representatives of Lambeth residents and partner agencies. The principles are set out in detail in the annex but focus on five areas of:
• Working together for change (co-production) • Leadership by all partners to foster a local innovation culture that places an emphasis on strong relationships with citizens • All Involvement will be Purposeful • Accessible • Well planned, appropriately resourced and accountable • Transparency
Public engagement
6.6 In addition, the Board will undertake the following public engagement operations in order to extend accessibility to its work outside of formal meetings:
• An annual Health and Wellbeing Summit coproduced with Lambeth communities and partner organisations. • A public Annual Report setting out progress achieved. • Regular round table discussions between board members and organisations in the public, voluntary, community, private, independent and NHS sectors. • A small number of formal workstreams, taken forward by time limited working groups focussed on addressing key issues and engaging expertise from all sectors as appropriate. • An annual review of progress.
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7. Code of conduct of members
7.1 Voting Board members are required to abide by the Council’s Code of Conduct (annex 2 - Constitution, Part 4, Section 1), including the publication on the Council’s website of their register of interests .
7.2 In addition, Board members are bound by: • Lambeth Council employees: Lambeth Officer Code of Conduct (Lambeth Constitution,, Part 4, Section 7): • National health service employees: Code of Conduct and Code of Accountability in the NHS • Healthwatch members: Code of Conduct
7.3 Any concerns over the conduct of Board members may be referred to the Council’s Director of Governance and Democracy for resolution.
8. Declarations of interests
8.1 The declaration of members’ Disclosable Pecuniary Interests will be the first item of business on each agenda.
9. Secretarial, co-ordination, policy and administrative support
9.1 Lambeth Council shall provide the lead role in facilitating the functioning of the Board but consulting and receiving information, advice and assistance from other constituent organisations wherever practicable. The necessary policy support (including legal advice, financial advice, risk management, equal opportunities assessment and performance management) shall be supplied by Lambeth Council via the Executive Directors of Adults’ & Community Services and Children & Young People’s Service and their staff (and in particular the Head of Heath & Wellbeing), and staff of the Clinical Commissioning Groups .
9.2 Lambeth Council officers and staff of the Clinical Commissioning Groups and other national health service bodies will regularly be in attendance at meetings of the Board to give advice and information as necessary. Other persons shall attend for this purpose at the discretion of the Chair.
10. Frequency of Board meetings
10.1 Meetings of the Board shall normally be held four times a year (quarterly), although special meetings may be held if decided by the Board, or Chair on request by three or more Board members (in writing, submitted to Head of Democratic Services and Scrutiny).
11. Time and venue of Board meetings
11.1 Board meetings will be held at Lambeth Town Hall, Brixton Hill, London, SW2 1RW or elsewhere and normally at 6pm, or as agreed by the Board or Chair between formal Board meetings. The Board wants to ascertain if meeting at other local venues will improve public accessibility.
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11.2 The formal meeting will normally be preceded by an informal round table type meeting commencing at 5pm, on a subject and with an invited audience – as decided by the Chair.
12. Agenda and minutes: preparation and publication
12.1 Items for the agenda are the responsibility of the Chair of the Board, as supported by officers of Lambeth Council and staff of the Clinical Commissioning Groups. The Chair shall establish necessary agenda planning arrangements. Any Board member wishing to submit an item for the agenda must do so in writing to Head of Democratic Services and Scrutiny not less than three weeks before the meeting date. Acceptance of any items requested after this date will be subject to the Chair’s agreement. The deadline for the submission of final reports will be as advertised on the Lambeth website (seven clear days before the meeting).
12.2 Business to be considered by the Board that constitutes a key decision, must be included in the Council’s Forward Plan in accordance with the arrangement set out in the Council’s Constitution (part 3, Section 2, para. 14). Briefly, proposed key decisions must be included with as much notice as possible, and at least 28 clear days notice. Key decisions are defined as:
EITHER • Financial : "result in the local authority incurring expenditure which is, or the making of savings which are, significant having regard to the local authority's budget for the service or function to which the decision relates". The Council has decided that any decision involving expenditure or a saving in excess of £500,000 is a key decision.
AND/OR • Community Impact : "be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions in the area of the local authority".
12.3 Reports will be produced by the member bodies in accordance with their own internal arrangements, using the agreed report template. Reports should include all relevant information, including professional advice from officers including legal and financial advice. The results of consultation will be included. Reports will also set out suggested reasons for the proposed decision or options.
12.4 The agenda for each ordinary meeting will normally include the following:
• Declaration of interests (see para. 8) • Approval of minutes of previous meeting (for suggested amendments by Board members, see para. 12.7) • Pubic notice questions (see para. 6.4 above for procedure) ( up to 15 minutes) • Reports from the constituent organisations • An update report from the CTB. • The work programme of planned future work. • An action log of previous decisions.
12.5 The agenda will be divided into two sections, one covering formal and decision-making business and one informal non-decision-making business.
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12.6 Reports will cover the six main priorities of the Board:
A: Citizen Involvement B: Health and Wellbeing Strategy C: Joint Strategic Needs Assessment D: Public Health E: Early Intervention F: Integrated Care
12.7 The Council’s Access to Information rules will apply (Constitution, Part 3, Section 1): copies of the agenda and reports will be made available to the press and public at Lambeth Town Hall and on the council’s website five clear days before the meeting. Agendas will be despatched electronically wherever possible in order to save paper, printing and postage costs.
12.8 There is an expectation that the agenda, reports and minutes will be open to the press and public (see para. 6.2 above). Where, on rare occasion, the Chair agrees a particular issue should not be published, a report setting out as much information in the public domain as possible must also be produced; the confidential information will be set out in a separate short confidential paper.
12.9 Draft minutes will be published within five clear days of the meeting on the Lambeth Council website and despatched electronically wherever possible in order to save paper, printing and postage costs. If a confidential discussion is held, this will be recorded in a separate confidential minute.
12.10 Any suggested amendments by Board members to draft minutes should be notified as soon as possible and no later than the day before the meeting when they will be considered for approval as a correct record (i.e. the following ordinary meeting).
13. Meeting arrangements
Chair
13.1 Meetings will be chaired by the Cabinet Member for Health and Wellbeing (Lambeth Council) or in his/her absence, one of the Vice-Chairs (to be decided by the members present at the beginning of the meeting). In the absence of both Vice-Chairs, the members present shall elect one of their number to chair the meeting. If the Cabinet Member for Health and Wellbeing is absent for part of the meeting, he/she will take the Chair on arrival.
13.2 It is the role of the Chair to ensure that:
(a) The core business of the meeting is dealt with efficiently and thoroughly.
(b) All members observe high standards of conduct including respect and tolerance of the views of others.
(c) Open and constructive discussion is facilitated.
(d) All Board members are encouraged to contribute.
(e) Decisions are reached by consensus wherever possible.
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13.3 In addition, in consultation with the Director of Governance & Democracy of Lambeth Council (the officer designated by Lambeth Council to coordinate the work of and secretarial support to the Board), the Chair is responsible for ensuring that:
(a) The agenda for the meeting reflects the core business of the Board.
(b) Agenda papers are despatched in a timely manner as specified in para. 12 above.
(c) Board members are properly informed in order for them to address the business of the meeting either through written reports, presentations or by the attendance of the relevant professionals to advise the meeting.
(d) Actions and outcomes are properly recorded and circulated.
13.4 The Chair will decide all matters of order, competence, relevancy and interpretation of these governance arrangements. The Chair’s ruling with respect to the conduct of discussion and business at meetings of the Board shall be final.
Quorum
13.5 The quorum will be five members, with at least one Lambeth Council representative and one member not from Lambeth Council. No business shall be transacted unless a quorum is achieved.
Photography and audio/visual recordings of meetings
13.6 Anyone is welcome to record Board meetings through any audio, visual or written methods they find appropriate providing they do not disturb the conduct of the meeting. The Chair of the meeting will have the power to rescind this permission should it prove necessary due to the nature of the meeting or if the conduct of the meeting is disturbed, for example through flash photography or intrusive camera equipment.
13.7 All those visually recording a meeting are requested to only focus on recording members, officers and the public who are directly involved in the conduct of the meeting. Persons making recordings are requested not to put undue restrictions on the material produced so that it can be reused and edited by all local people and organisations on a non-commercial basis.
13.8 If a meeting passes a motion to exclude the press and public then, in conjunction with this, all rights to record the meeting are removed.
Exclusion of public and press
13.9 Members of the public and press may only be excluded either in accordance with the Council’s Access to Information Procedure Rules (Constitution, Part 3, Section 2) or disturbance.
Duration of meeting
13.10 Meetings will last for up to two hours from the time the meeting was due to commence (including any period of adjournment). At the expiry of this period, the
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Chair shall put all outstanding business to the meeting without further debate, unless the Board agrees by majority to continue the meeting for a further period of up to an hour. The remaining business shall then be put to the vote by a show of hands without further debate.
Procedure rules
13.11 Where issues arise that are not covered by these governance arrangements, the Chair and Head of Democratic Services and Scrutiny will have regard to the council’s arrangements as set out in the Council’s Constitution.
Decision-making
13.12 All matters coming before the Health & Wellbeing Board must be decided by a majority of all Board members present and voting on the matter. Each Board Member has one vote.
13.13 . The Health and Wellbeing Board may delegate some of its functions to a sub-committee of the Board or an officer of the Council.
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Annex 1
Principles for Involving Citizens
Shared Principles
For Citizen Involvement to be effective, the following agreed shared principles across the HWB have been agreed for further testing with citizens during the operation of the shadow HWB. a. Working together for change [co-production] The concept of co-production is that people's needs are better met when they are involved in an equal and reciprocal relationship with professionals, working together to get things done. It is a radically different approach to public services that is built around six characteristics: • Recognising people as assets and using the skills and strengths they have to design and run services • Building on people's capabilities • Promoting mutuality and reciprocity • Developing peer support networks • Breaking down barriers between professionals and users • Facilitating rather than delivering b. Leadership: in HWB partner organisations will provide an explicit commitment to fostering a local innovation culture that places an emphasis on strong relationships with citizens, local voluntary and social enterprise organisations. This ambition needs to be explicit with clear objectives and measurable impact. Collaboration will be promoted at every level by all partners in HWB:
• Individual: Involving individuals in the management of their own health and wellbeing • Collective: Involving the whole community in different ways e.g. patient cohorts, special interest groups, age groups, BME populations or the wider public • Representative: Involving organisations and individuals that are enabled to act as representative of others (e.g. Third sector organisations and Lambeth Healthwatch) • Co-operative: Involving Health and Wellbeing agencies from all sectors in joint engagement activities c. All Involvement will be Purposeful : The Purpose of all Involvement activities will be clearly defined. d Accessible and Fun! • Increasing citizen participation in decision making should be both engaging and enjoyable • Ensuring Equalities issues are addressed • Working with existing forums and structures to reach people as well as creating new methods of engagement • Taking place in a variety of locations and using many different methods – working with people in their communities, using different tools and approaches for different audiences • Ensuring access needs are met to enable participation (e.g. around money, health needs, childcare, language, disability)
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e. Well planned, appropriately resourced and accountable • Allowing adequate time for the planning of activities and the building of relationships • Ensuring full and correct information is available to people to respond to • Providing appropriate training and support to enable effective participation • Ensuring there is no costs for individuals involved – contributions are recognised and rewarded • Establishing processes and accountability lines that are clear, concise and productive • Developing effective support and project planning mechanisms (e.g. monitoring, establishment of criteria and use of qualitative feedback from citizens) f. Transparent • Part of a published plan that sets out the planned activities, targets, and hoped for outcomes • Ensuring feedback to participants • Monitored and evaluated – showing the difference the engagement has made • Testing new ways of involving communities in managing health and wellbeing and transferring this knowledge to other neighbourhoods, through the HWB.
Source: • Cabinet report (16.04.12-report 348/11-12)
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Annex 2 Section 1 – Code of Conduct for Members and for Co-opted Members of Council Committees, Sub-Committees and Scrutiny Commissions
When acting in my official capacity as a member or co-opted member of Lambeth Council I have a responsibility to represent the community and work constructively with our staff and partner organisations to secure better social, economic and environmental outcomes for all.
In accordance with the Localism Act (the Act) provisions, when acting in this capacity I am committed to behaving in a manner that is consistent with the following principles to achieve best value for our residents and maintain public confidence in this authority.
SELFLESSNESS : Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.
INTEGRITY : Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.
OBJECTIVITY : In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
ACCOUNTABILITY : Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
OPENNESS : Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
HONESTY : Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
LEADERSHIP : Holders of public office should promote and support these principles by leadership and example.
The Act further provides for registration and disclosure of interests and in Lambeth Council this will be done in accordance with Part 2 of this Code of Conduct. Members are required to register these interests within 28 days of their election and keep the register up to date by notifying any changes with 28 days to the Monitoring Officer.
As a Member of Lambeth Council , my conduct will in particular address the statutory principles of the code of conduct by:
• Championing the needs of residents – the whole community and in a special way my constituents, including those who did not vote for me - and putting their interests first.
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• Dealing with representations or enquiries from residents, members of our communities and visitors fairly, appropriately and impartially.
• Not allowing other pressures, including the financial interests of myself or others connected to me, to deter me from pursuing constituents' casework, the interests of Lambeth Council or the good governance of the authority in a proper manner.
• Exercising independent judgement and not compromising my position by placing myself under obligations to outside individuals or organisations who might seek to influence the way I perform my duties as a member/co-opted member of this authority.
• Listening to the interests of all parties, including relevant advice from statutory and other professional officers, taking all relevant information into consideration, remaining objective and making decisions on merit.
• Being accountable for my decisions and co-operating when scrutinised internally and externally, including by local residents.
• Contributing to making this authority’s decision-making processes as open and transparent as possible to enable residents to understand the reasoning behind those decisions and to be informed when holding me and other members to account but restricting access to information when the wider public interest or the law requires it.
• Behaving in accordance with all our legal obligations, alongside any requirements contained within this authority’s policies, protocols and procedures, including on the use of the authority’s resources.
• Valuing my colleagues and staff and engaging with them in an appropriate manner and one that underpins the mutual respect between us that is essential to good local government.
• Treating people with due respect, including the organisations and public I engage with and those I work alongside.
• Providing leadership through behaving in accordance with these principles when championing the interests of the community with other organisations as well as within this authority.
Part 2
Interests
This part explains the requirements of the Act and of The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 in relation to disclosable pecuniary interests. These are enforced by criminal sanction.
1 Notification of disclosable pecuniary interests
Within 28 days of becoming a member or co-opted member, you must notify the Monitoring Officer of any ‘disclosable pecuniary interests’.
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A ‘disclosable pecuniary interest’ is an interest of yourself or your partner (which means spouse or civil partner, a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners) within the following descriptions:
Subject Prescribed description
Employment, office, trade, profession or Any employment, office, trade, profession vocation or vocation carried on for profit or gain.
Sponsorship Any payment or provision of any other financial benefit (other than from the Council) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.
Contracts Any contract which is made between you or your partner (or a body in which you or your partner has a beneficial interest) and the Council — (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged.
Land Any beneficial interest in land which is within the Council’s area.
Licences Any licence (alone or jointly with others) to occupy land in the Council’s area for a month or longer.
Corporate tenancies Any tenancy where (to your knowledge)— (a) the Council is the landlord; and (b) the tenant is a body in which you or your partner has a beneficial interest.
Securities Any beneficial interest in securities of a body where— (a) that body (to your knowledge) has a place of business or land in the Council’s area; and (b) either—
(i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share
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capital of that body; or
(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.
In the above schedule:
“body in which you or your partner has a beneficial interest” means a firm in which you or your partner is a partner or a body corporate of which you or your partner is a director, or in the securities of which you or your partner has a beneficial interest; “director” includes a member of the committee of management of an industrial and provident society; “land” excludes an easement, servitude, interest or right in or over land which does not carry with it a right for you or your partner (alone or jointly with another) to occupy the land or to receive income; “relevant period” means the period of 12 months ending with the day on which you notify the Monitoring Officer of any disclosable pecuniary interest; “securities” means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.
2 Register of interests
Any interests notified to the Monitoring Officer will be included in the register of interests. A copy of the register will be available for public inspection and will be published on the Council’s website.
3 Sensitive interests
Where you consider that disclosure of the details of a disclosable pecuniary interest could lead to you, or a person connected with you, being subject to violence or intimidation, and the Monitoring Officer agrees, if the interest is entered on the register, copies of the register that are made available for inspection and any published version of the register will exclude details of the interest, but may state that you have a disclosable pecuniary interest, the details of which are withheld under Section 32(2) of the Act.
4 Non-participation in case of disclosable pecuniary interest
(a) If you are present at a meeting of the Council, or any committee, sub- committee, joint committee or joint sub-committee of the Council, or any meeting of the Cabinet or a committee of the Cabinet, and you have a disclosable pecuniary interest in any matter to be considered or being considered at the meeting,
• You may not participate in any discussion of the matter at the meeting
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• You may not participate in any vote taken on the matter at the meeting • If the interest is not registered, you must disclose the interest to the meeting • If the interest is not registered and is not the subject of a pending notification, you must notify the Monitoring Officer of the interest within 28 days
Note: In addition, Standing Order 4.4 requires you to leave the room where the meeting is held while any discussion or voting takes place.
(b) Where a Cabinet Member may discharge a function alone and becomes aware of a disclosable pecuniary interest in a matter being dealt with or to be dealt with by her/him, the Cabinet Member must notify the Monitoring Officer of the interest and must not take any steps or further steps in the matter.
5 Dispensations
The Monitoring Officer may grant you a dispensation, but only in limited circumstances, to enable you to participate and vote on a matter in which you have a disclosable pecuniary interest.
6 Offences
It is a criminal offence to:
• Fail to notify the Monitoring Officer of any disclosable pecuniary interest within 28 days of election • Fail to disclose a disclosable pecuniary interest at a meeting if it is not on the register • Fail to notify the Monitoring Officer within 28 days of a disclosable pecuniary interest that is not on the register that you have disclosed to a meeting • Participate in any discussion or vote on a matter in which you have a disclosable pecuniary interest • As a Cabinet Member discharging a function acting alone, and having a disclosable pecuniary interest in such a matter, failing to notify the Monitoring Officer within 28 days of the interest. • Knowingly or recklessly providing information that is false or misleading in notifying the Monitoring Officer of a disclosable pecuniary interest or in disclosing such interest to a meeting
The criminal penalties available to a court are to impose a fine not exceeding level 5 on the standard scale and disqualification from being a councillor for up to 5 years.
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Council Constitution, Part 3, Section 1)
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