Agenda and minutes

Apologies for absence were received from:-

•  Councillor Ian F. Payne; Vice-Chairman Councillor Julian Benington, chaired the meeting;

•  Councillor Kathy Bance; Councillor Peter Fookes attended as substitute. 

•  Mr Ross Stanford, Co-opted Member, Bromley Youth Council.

Report RES13001

Members considered a nomination put forward by the Bromley Youth Council for Mr Ross Stanford to be reappointed to the Committee for the 2013/14 Municipal Year in the capacity of a non-voting observer/spokesperson for the consideration of public reports only.

RESOLVED that Mr Ross Stanford be reappointed to the Committee for the 2013/14 Municipal Year in the capacity of a non-voting observer/spokesperson for the consideration of public reports only.

Chairman, Councillor Benington declared interests in:

·  Item 8b, Appendix 3, Aim 3d (Renewal & Recreation Business Plan), as he was a Governor of Bromley College of Further and Higher Education;

·  Item 11 (Town Centres Development Programme), as he knew the Director of The Land Group, a company involved with the development of Site C (Town Halls); and

·  Item 17 (Exempt Minutes), as he was a Governor of Charles Darwin Academy Trust.

Councillor Peter Morgan declared a personal interest in Item 9 (Town Centres Development Programme Update), as his daughter was a Director of Kier Property.

In accordance with the Council’s Constitution, questions to this Committee must be received in writing 4 working days before the date of the meeting.  Therefore please ensure questions are received by the Democratic Services Team by 5 pm on Wednesday 5 June 2013.

No questions were received.

No questions were received.

Minute 69B, Renewal & Recreation Business Plan 2012/13 - Monitoring Report for Quarter 3 (page 13)

The penultimate sentence of paragraph 6 was amended to read: 'Councillor Ince emphasised the need for caution when awarding the contract; the Council should ensure that the successful delivery partner hired qualified staff with experience to work alongside staff already in situ.'

Minute 70, Strategic Housing Update (page 21)

The final sentence of the second paragraph was amended to read: 'He suggested that the best use of PIL funds would be to subsidise housing associations to accommodate people in areas outside Bromley.'

RESOLVED that subject to the amendments outlined above, the Minutes of the meeting held on 26 February 2013 be confirmed and signed as a true record.

The following updates were given:-

41. Development of the R&R PDS Committee Work Programme 2012/13

A meeting to discuss proposals for the use of funds for the Biggin Hill Heritage Trust would take place in the next two weeks.  The project needed to be finalised by March 2014.  An interim report would be submitted to the R&R PDS meeting in September 2013.

69B (26.02.13) - R&R Business Plan 2012/13 - Monitoring Report for

Quarter 3

The outcome of the procurement exercise for the Cotmandene Community Resources Centre and Mottingham Community and Learning Shop would be reported to the R&R PDS meeting in September.

69F (26.02.13) - Norman Park

The results of the tendering exercise to identify suitable organisations to manage the athletics track would be submitted to the R&R PDS meeting in September.

70 (26.02.13) - Strategic Housing Update

Several Members, including Councillor Dean, Chairman of Development Control Committee, had been appointed to the newly-established Working Group although a meeting had yet to take place.  With regard to the GLA's proposals for the provision of affordable housing, discussions were taking place with London and Quadrant and would be considered further at the Working Group meeting.  The aim of the strategy was to clarify that funding remained in tact.  A draft report was currently being formalised.

Members noted the position with regard to matters arising from previous meetings.

To note decisions of the Portfolio Holder made since the previous meeting of the Committee.

Executive decision 7a

It was no longer necessary to write to James Cleverly, London Assembly Member for Bexley and Bromley, as funding had been secured.

RESOLVED that the decisions taken by the Portfolio Holder at the previous meeting held on 26 February 2013 be noted.

The Renewal and Recreation Portfolio Holder to present scheduled reports for pre-decision scrutiny on matters where he is minded to make decisions.

Report DRR13/080

Members considered the 2012/13 provisional outturn position for the Renewal and Recreation Portfolio which showed an overspend of £27k and represented a 0.29% variation against the controllable budget of £9.44m.  This compared with a projected variation of Cr £40k.

Members also considered the level of expenditure during 2012/13 for the selected projects within the Member Priority Initiatives.

Concern was raised in regard to the actual and expected costs totalling £100k as a direct result of lost planning appeals.  This matter was discussed later in the meeting at Item 13.

Issues concerning income from planning applications had been addressed by the deletion of vacant posts and a reduction in general running expenses.  As a result the budgets had been realigned.

The total budget for the library book fund had been spent.

With regard to investment in small shopping parades, it was reported that although a number of applications were pending (including one for Anerley Hill), further applications would be welcomed.

RESOLVED that the Portfolio Holder be recommended to:-

1)  endorse the 2012/13 provisional outturn for the Renewal and Recreation Portfolio; and

2)  note the expenditure for the Renewal and Recreation projects within the Member Priority Initiatives.

Report RR13/075

Members considered the following:-

·  The Renewal and Recreation Business Plan 2012/13 Monitoring Report for Quarter 4;

·  A summary report of the delivery of actions identified in the Business Plan for 2012/13;

·  The draft Renewal and Recreation Portfolio Business Plan for 2013/14; and

·  The 2013/14 Work Plan for the Strategic Property Division.

Referring to the low void rate on the Council's shopping parades (page 69), Councillor Ince enquired about the number of empty units at Cotmandene Shopping Parade.  Marc Hume, Director of Regeneration and Transformation reported that throughout the economic recession, parade shops had done relatively well by responding to local needs.  Compared to London and national averages, this was a buoyant market.  Mr Hume would find out the number of empty units at Cotmandene Parade and revert to Councillor Ince in due course.

Councillor Fookes congratulated Town Centre Management officers for the work undertaken in respect of improvements.

During discussion of the Orpington BID, Members were informed that an advertisement to recruit a BID Manager had been released and a recycling scheme had been launched.  Whilst it was still early days, the organisation appeared to be very successful.

The Council's current objective was to develop more BIDS within the Borough however, as the Town Centre Management Team had been reduced by one member due to the establishment of the Orpington BID, further resources would be required.  Members were informed that potentially Beckenham Town Centre would be suitable for a BID and an update on this would be given at the R&R PDS meeting in September. 

Councillor Ince reported a good attendance at the Thank You lunch held at the Cotmandene Shop and congratulated staff on the work they had undertaken.

Turning to page 108 (Appendix 3), Members noted that the Culture, Libraries and Leisure Division had transferred to the Environment and Community Department and the job title of Director of Renewal and Recreation had changed to Director of Regeneration and Transformation.

With regard to the selection of a development partner for Site G (Churchill Place), a submission from Muse Development had been received on 20 May.  A recommendation report would be submitted to a meeting of the Executive in July.

Consultations were underway in relation to the public realm improvements to Bromley North Village.

With regard to Site K (Bromley South Centre), Development Agreements had been signed and demolition had begun with completion expected in 18 months' time.

A Beckenham Town Centre Team had been established (page 113).  Members comprised the Chairman of Copers Cope Residents Association, the Beckenham Business Association and the Town Centre Manager.  Other stakeholders would be encouraged to join.  Official meetings of the Town Team were due to start in the late summer.

Minutes of the final Beckenham and West Wickham Working Party meeting had been drafted and a report would be submitted to the R&R PDS meeting in September.

The Invest in Bromley Workshop (page 117) would be held at the Civic Centre on 17 July at 5  ...  view the full minutes text for item 10b

Report DRR13/0074

With the aim of promoting economic development within the Borough, Members considered what approach the Council should take to prepare Growth and Delivery Plans for Bromley Town Centre, Biggin Hill and the Cray Busness Corridor.  Members also considered what additional resources would need to be identifed in order to undertake the work programme successfully in the required timeframe.

The Head of Renewal informed Members that the Local Government Finance Working Party had identified areas for improvement and funding was required to complete the proposals set out in paragraph 3.7 of the report.

The Council was confident that there was a robust market demand for office space around the area of Bromley South Station.  A study undertaken by G L Hearn Ltd on the wider scope for employment across the Borough, concluded there was no demand for a major business park scheme.

Councillor Ince was pleased with the proposals for the Cray Business Corridor however, he emphasised the need for serious thought to be given to transport infrastructure as he considered the existing infrastructure to be inadequate.  Councillor Ince also suggested that utility companies be consulted before proposals were put forward.

Referring to page 142 (Cray Business Corridor), Councillor Michael alluded to the statement that a reduction in warehousing and industrial employment and floorspace over the plan period was forecast and suggested it would be sensible to also look at space for modern manufacturing as well.

Members were informed that the Local Authority worked jointly with Bexley Council within the context of the London Plan; it was important to know what adjacent Boroughs were doing.

Currently the Council were holding further discussions with Biggin Hill Airport, working with the GLA on Bromley Town Centre and liaising with partnerships in the Crays to progress the Cray Business Corridor proposals.

RESOLVED that:-

1)  the approach to the preparation of the Growth and Delivery Plans be endorsed; and

2)  the Portfolio Holder be recommended to support a report to a meeting of the Executive to secure the additional funding identified.

Report DRR13/070

Members considered a report highlighting the number and nature of complaints received in relation to problem high hedges.  Members were asked to agree a proposed increase in service fees and to authorise the Chief Officer to alter the fees periodically to take account of the cost of service provision.

The Chief Planner outlined the report to Members and confirmed that although fees were charged to the complainants, it would cost far more to take action through the court system.

RESOLVED that the Portfolio Holder be recommended to agree that fees for high hedges complaints be introduced from 1 August 2013 and the Chief Officer be authorised to alter the fees periodically to take account of the cost service provision.

Report RES13100

Consideration was given to Local Authority Member nominations for appointment to the Arts Consultative Panel for the Muncipal Year 2013/14.  The nominations comprised 4 Members of the Conservative Party and 1 Member of the Labour Party.

RESOLVED that the Portfolio Holder be recommended to appoint Councillors Julian Benington, Peter Fortune, John Getgood, Ellie Harmer and Alexa Michael, to serve as Local Authority Members on the Arts Consultative Panel.

The items comprise:

• Renewal and Recreation Portfolio Contracts Register

Members and Co-opted 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?XXR=0&Year=2013&CId=559

The Portfolio Holder Information Briefing comprised:

·  Former Renewal and Recreation Department Contracts Register

The Portfolio Holder Information Briefing was noted.

Report DRR13/068

Members received an update on activities undertaken by the Council’s Town Centre Management and Business Support Team since February 2013.  The report also summarised priorities for Quarter 2 of the 2013/14 Municipal Year.

Councillor McBride requested that the Head of Town Centre Management and Business Support provide all Members with details of the people responsible for each Town Centre.

RESOLVED that:-

1)  the key developments which had taken place in the Town Centre Management and Business Support Team be noted; and

2)  the activities summarised in Appendix 1 of the report be noted.

Report DRR13/073

Members considered the progress made in delivering the Town Centres Development Programme.

It was noted that the next R&R PDS meeting had been rescheduled from 1 October to 18 September at which time a report on the Churchill site would be submitted.  A short meeting or presentation would take place before the Executive meeting in September; details of this would be released nearer the time.

In relation to Bromley North Village, Councillor Dykes was informed that details of the plan were still being finalised with contractors.  A Communications Plan together with a Schedule from Conways would be circulated when finalised.  The Council's Communications Officer confirmed that a meeting had taken place with Ward Members concerning finalisation of the Plan.

A public event would be held at the beginning of each phase of the project and a dedicated officer would be appointed to liaise with businesses.  The use of Twitter, Facebook and other social medias for communication purposes was being explored.

If planning permission was granted for the Council site at Tweedy Road to be used as a temporary compound for storage and plant, the Council would attempt to minimise the visual impact as far as practicable.  Councillor Michael observed that at the expiry of the temporary use, officers would need to take into account the Planning Inspector's comments in regard to any future applications for the site.

Whilst discussing the Bromley North Village site, Councillor Fookes urged officers to look at possible issues concerning buses and transport in general, particularly problems with access and egress for people with disabilities.  The Head of Renewal stated that issues had arisen post-consultation and improvements to services had been sought ie. the relocation of bus-stops.

Referring to the deterioration of the block paving in Orpington Town Centre and the temporary repairs made with tarmac, Councillor McBride asked if the Council would be financially recompensed if the contractor did not replace like for like.  Members were informed that the current dispute was between two contractors and any costs payable would be bourne by whichever was deemed liable.  The Council would, however, ensure it received value for money.  An update on the current position would be sought from Highways Officers.

Officers were working closely with contractors to ensure that the block paving proposed for East Street and Bromley High Street would not fail.

The Head of Renewal outlined an Outer London Fund (OLF) Project Update which had been circulated to Members.  The proposed improvements included:-

·  A substantial investment from Network Rail for improvements around Bromley South Station including road surfacing treatment and consolidation of space by extending the cobbles from 2-22 High Street.

·  A permanent ‘kiss and drop’ off point to be established along the Waitrose access road.  The Mayor’s funding would be used to achieve this.

·  Removal of the guardrails from the Westmoreland site.

·  Introduction of countdown crossings, particularly outside intu Shopping Centre.

·  A boulevard of trees to be planted along Bromley High Street.

·  Improvements to the area around St Mark’s  ...  view the full minutes text for item 13.

Report DRR13/071

Members were provided with an update on the progress of appeals against the refusal of planning permission and Listed Building Consent for restaurant development at Queens Gardens, Bromley.

The Chief Planner reported that the Planning Inspector had concluded that planning permission should be granted.

The Director of Regeneration and Transformation commented that although planning permission had been granted, the Council still owned the land and it would be for Members to decide whether or not to sell the land to Capital Shopping Centres also bearing in mind that a Town Green application had been submitted and could have a bearing on the outcome of action taken.  A formal decision would need to be taken by Members.

Councillor Dykes commented that she and her Ward colleagues were disappointed with the outcome and was assured that Members would be given the chance to make their views known as a report would be submitted to the next meeting of the Development Control Committee to be held on 12 September 2013.

RESOLVED that the report be noted.

Report DRR 13/072

At a Development Control Committee meeting held in April 2013, Members considered a summary of the award of costs in planning appeals during 2012 and resolved that in order to minimise future planning appeal costs awarded against the Council due to ‘unreasonable behaviour’, an action plan should be prepared and reported to future meetings of the Development Control Committee and the Renewal and Recreation Policy Development and Scrutiny Committee.

The Chairman of DC Committee together with Chairmen of Plans Sub-Committees and the Chief Planner formed a Panel Group to assist with the preparation of the action plan and Members of the Renewal and Recreation PDS Committee were requested to consider and contribute towards the discussion notes attached at Appendix A of the report.

The Chairman outlined the report and explained that ‘unreasonable behaviour’ could be attributed to cases where there was a lack of sufficient evidence to substantiate a reason for refusal, failure to produce statements or submission of late statements. 

The newly-formed Panel Group was expected to hold its first meeting in early July to discuss ways of avoiding payment of costs as a result of future appeals.  Members’ attention was drawn to Appendix A (page 199) which set out possible points for discussion by the newly-formed Panel Group. 

Councillor Michael referred to the list of cost decisions and noted that in at least 50% of cases where costs had been awarded, officer recommendation had been for refusal or had sought Members’ views.  As a Member of Planning Sub-Committees, Councillor Michael had witnessed votes being taken without reasons for refusal being given.  Councillor Michael commented that Chairmen should be aware that they are required to ask for reasons for refusal before a vote is taken.

Councillor McBride agreed with Councillor Michael commenting that Members should be guided by Chairmen who could, perhaps, benefit from training in this regard.

Referring to Appendix A, paragraph 3 (fast-track appeals), Members were informed that only a minority of cases were delegated by Committee back to officers for a final decision to be issued.

The Chief Planner urged Members to ensure that when reasons for refusal varied from those set out in the report, they should be announced before a vote is taken.

The Chairman suggested that Ward Members may find it useful to contact planning officers with their views before reports were published.

It was noted that Members were broadly in agreement with the discussion note outlined at Appendix A.

RESOLVED that:-

1.  in order to minimise future planning appeal costs awarded against the Council due to ‘unreasonable behaviour’, an action plan be prepared and reported to future meetings of the Development Control Committee and the Renewal and Recreation Policy Development and Scrutiny Committee;

2.  the formulation of a Panel Group comprising the Chairman of DC Committee, the Chairmen of Plans Sub-Committees and the Chief Planner to assist with the preparation of the action plan be noted; and

3.  Members’ comments and additional proposals on the initial action plan be  ...  view the full minutes text for item 15.

Report DRR13/077

In April 2013, the Development Control Committee endorsed a revised Outline Planning Improvement Plan as a framework for improvement.  Customer Service was identified as the first priority area followed by Planning Enforcement.

This report focussed on the actions undertaken to date and outlined proposals for future action.

The Chief Planner reported a significant improvement in the way customer telephone calls were dealt with.  Restrictions on the availablility of officers had been lifted and staff were now contactable throughout the day.  Callers were connected to a ‘hunt’ system to ensure they were directed to the correct department.  It was anticipated that a more advanced telephone software system would be implemented in the future.

Referring to paragraph 5.6 of Item 8a on the agenda (page 34), Councillor Morgan commented on the amount of £100k which had been raised in connection with a potential claim for damages to property following the refusal of consent to fell a tree which was covered by a Tree Preservation Order (TPO).

The Chief Planner explained that when an application was made to fell a protected tree, physical evidence was required to show that the damage caused was made by that particular tree; this could be done via DNA testing.  Occasionally however, insufficient evidence was provided to support an application.

Councillor Michael referred to Item 8b of the agenda (Appendix 1, page 61) and asked how soon Members would see an improvement in the figures for determining major and minor applications following the introduction of a Rapid Improvement Event to improve the time an application spent being processed and validated.  The Chief Planner explained the improved validation process to Members and reported that the number of applications pending had decreased considerably.  Members should begin to see improved figures after September.

RESOLVED that:-

1)  the trend of Planning Service improvements be noted; and

2)  the next priorities set out in the report be endorsed.

Report RES13111

Members considered the Committee’s work programme for June 2013-April 2014).

It was noted that the meeting scheduled for 1 October 2013 had been rescheduled to take place on 18 September 2013.

The following would be added to the work programme for future meetings:-

·  Presentation on Crystal Palace Park

·  The Priory, Orpington (Councillor McBride suggested holding a special meeting at the Priory)

·  Planning Policy Annual Report (for November)

·  Report on West Wickham and Beckenham Spa (September)

RESOLVED that the work programme for the period June 2013-April 2014 be agreed.

The Chairman to move that the Press and public be excluded during consideration of the items of business listed 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 Chairman moved that the Press and public be excluded during consideration of the item of business listed below as it was 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.

RESOLVED that the Exempt Minutes of the meeting held on 26 February 2013 be confirmed and signed as a true record.

--------------------------------------

ANY OTHER BUSINESS

Members joined the Chairman in congratulating Mr Jim Kehoe on his promotion to Chief Planner.

Councillor Benington had met with the Chairman to discuss the possibility of establishing a Working Party at Penge to review the Master Plan/Renewal Strategy and forward proposed improvements to the Town Team.  It was anticipated that Membership would comprise members of the Penge Traders Association, the Town Centre Manager and members of the Penge Forum. 

Members agreed that Ward Member Councillor Kathy Bance be asked if she would like to Chair the Working Party.

Councillor Benington also suggested the possibility of establishing a second Working Party for Bromley Town Centre to specifically look at ways of attracting more shoppers into Bromley.  One suggestion was that the Working Party look into the cost-effectiveness of providing free car parking periods to customers. Councillor Benington would be happy to Chair this.

Councillor Morgan would consult with Environmental Services and come back with a report to the Renewal and Recreation PDS meeting in September for a decision to be made as to whether or not a Working Party was required.