Agenda and minutes

There were no apologies.

In respect of Minute 52a, Councillor Kira Gabbert declared that she owned an empty property in the Borough.

In the interests of transparency, the Committee noted that the Portfolio Holder also owned an empty property in the Borough, but it did not fall within the criteria for the Empty Homes Premium.

In accordance with the Council’s Constitution, questions that are not specific to reports on the agenda must have been received in writing 10 working days before the date of the meeting. 

Questions specifically on reports on the agenda should be received within two working days of the normal publication date of the agenda.  Please ensure that questions specifically on reports on the agenda are received by the Democratic Services Team by 5pm on 12 October 2022.

Four questions for Oral reply were received and these are attached at Appendix A.

The minutes of the Executive, Resources and Contracts PDS Committee meeting held on 5 October 2022 (excluding exempt information), were agreed and signed as a correct record.

Report CSD22111

The report dealt with the Committee’s business management including the proposed work plan for the 2022/23 municipal year.

The Committee noted that the Section 106 Update would be presented at the November meeting and the report on Free Speech would now be considered in February 2023.

RESOLVED: That the report be noted.

The Committee noted the Forward Plan of Key Decisions covering the period October 2022 to November 2022.

Portfolio Holder decisions for pre-decision scrutiny.

The Committee considered the following reports where the Resources, Contracts and Commissioning Portfolio Holder was recommended to take a decision.

Report FSD22080

The report proposed that a public consultation exercise was undertaken in which it be recommended that the Empty Homes Premium be increased from April 2023 to the maximum permitted under the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018.

A Member questioned the benefit of the consultation highlighting that there was no statutory requirement to consult.  It was suggested that fees should be increased immediately as this would deliver a saving of £8,500.  In response both the Portfolio Holder for Resources Commission and Contracts Management and the Director of Finance underlined that there was a financial risk to the Council were there to be a legal challenge in the event a  consultation was not undertaken.  The Committee noted that there would be a range of consultees and Members requested that the consultation be expedited as far possible.  The Director of Finance confirmed that Officers would seek to mitigate the cost of the consultation as far as possible.

The Legal Advisor to the Committee noted that whilst there was no statutory requirement to consult, consultation was recommended.  Furthermore, if the Local Authority had consulted on previous proposals the argument could be made that there was a legitimate expectation that the Local Authority now consult.  There was also a requirement to ensure any consultation was meaningful.

The Chairman proposed that rather than “consultation” the Local Authority was making a request for comments.  This amendment was agreed by the Committee.

The Chairman also requested that the 6-week request for comments exercise be concluded in sufficient time to enable the changes to be implemented on 1 April 2023.

The Vice-Chairman, Councillor Slator, recorded his opposition to the consultation and the proposals in general. 

RESOLVED: That the Portfolio Holder be recommended to approve a public request for comments exercise be undertaken recommending that the Empty Homes Premium is increased to maximum amounts permitted.

Members of the Committee are requested to bring their copy of the agenda for the Executive meeting on 19 October 2022.

The Committee considered the following reports on the Part 1 agenda for the meeting of the Executive on 19 October 2022:

(5)  BIGGIN HILL AIRPORT – NOISE ACTION PLAN

In summer 2021, five years after the signing of the Deed of Variation on their lease with the Council, Biggin Hill Airport Ltd (BHAL) submitted a Noise Action Plan review. As the review was to be carried out “in association” with London Borough of Bromley, the Council could approve it or request alterations. At the Executive Committee meeting on 12 January 2022, the Council requested further information from Biggin Hill Airport. The Airport had submitted new information in response to this request. 

In opening the discussion, a local Biggin Hill Ward Councillor highlighted that the report before the Committee was a review and not the Noise Action Plan.  In the view of the Member the evidence provided by Biggin Hill Airport was thorough.  The Member noted that she was a Member of the Biggin Hill Airport Consultative Committee, and it was highlighted that the Airport was rigorously questioned at meetings of the Consultative Committee.  The Member expressed the view that it was correct to await the CAA decision on Runway 03 before progressing further proposals. 

The Chairman reported that it was his experience that the Biggin Hill consultative Committee lacked openness and transparency citing the example of frequent delays in the publication of minutes from meetings which needed to be addressed. 

A Member underlined that the volume of emails from residents that Members had received, and the concerns expressed by residents demonstrated that there was a great deal of distrust.  Residents had real concerns around the impact of the airport and these concerns were similar to those expressed when the Committee discussed the Airport in January 2022. 

A Member of the Committee provided a brief history of the Council’s airport partner referring to the High Court case in respect of fare-paying passengers which was won by the Council.  The Member stressed that one of the key considerations in choosing a partner to help with the running of the airport was protecting residents.

The Member suggested that between now and January 2023, further information would be provided, and where possible all this information needed to be placed on the Council’s website in a timely manner. 

It was noted that pollution at Biggin Hill Airport had never been reviewed and it was suggested that this omission should now be corrected.   In addition to a report concerning pollution Members also requested that financial assessments be provided in the next report presented to Committee.  Further concerns expressed included whether the Biggin Hill Consultative Committee complied with Government Guidance and included all the required interested parties.  Furthermore, the Member highlighted that Government guidance indicated that there should be a noise and tracking Sub-Group, although tracking did not appear in the name ofthe Sub-Group of the Biggin Hill Consultative Committee.  The Member also underlined that the report presented in January 2023 also needed to provide full  ...  view the full minutes text for item 53.

The items comprise:

·  Risk Register (Red Risks)

Members have been provided with advance copies of the briefing via e-mail.  The briefing is also available on the Council's Website at the following link: http://cds.bromley.gov.uk/ieListMeetings.aspx?CId=559&Year=0

Information Items will not be debated at Executive, Resources and Contracts PDS Committee unless a member of the Committee requests a discussion be held.  24 hours’ notice must be given to the Clerk.

The items comprised:

• Risk Management

In response to a question, the Director of Finance agreed to follow up with Chief Officer colleagues concerning provision for possible power cuts over the winter months.

In response to a question concerning the sustainability of the budget, the Director of Finance underlined that Local Government was not currently financially sustainable due to dependence on government grants and the impact of inflationary pressures.  There was a degree of mitigation.  The financial challenges facing local government and the mitigations would be covered in the Council Tax report presented to Members in January 2023 however, in the meantime, the ‘red’ risk rating was to focus the minds of Officers.

In relation to cyber security, the Committee noted that the red rating encouraged Officers to actively deal with mitigation and it was unlikely that the risk would move to green due to ongoing threats of cyber-attack.  Officers were comfortable with the systems that were in place however, the Council was always at risk of cyber-attack and there would always be risks in the future in terms of patches and system updates keeping track with evolving risks.  The Director of Finance confirmed that there was a degree of accreditation and the Council complied with the DWP standard which enabled the Council to access the DWP’s information.  The Chairman highlighted that the general microchip shortage had caused problems in terms of upgrades and a Member noted that the biggest risk to the Council was human error.

Whilst noting the risks and mitigations in place a Member suggested that it would be helpful for the report to set out the pathway to amber in respect of cyber security.

RESOLVED: That Information Items be noted.

RESOLVED that the Press and public be excluded during consideration of the items of business referred to below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

The following summaries

refer to matters involving exempt information

The Part 2 (exempt) minutes of the meeting held on 5 October 2022 were agreed, and signed as a correct record.