Agenda and minutes

An apology for absence was received from Councillor Nicholas Bennett JP; Councillor William Huntington-Thresher attended as substitute. 

An apology for absence was also received from Councillor Julian Benington.

Report CSD17078

Members considered a nomination put forward by Bromley Youth Council for one of its members, Nicolas Weaks, to attend Renewal and Recreation PDS meetings as a non-voting co-opted member for the consideration of public reports only.

The Chairman extended a warm welcome to Nicolas and encouraged the representation of young people at meetings of the PDS Committee.

RESOVLED that Nicolas Weaks be appointed to the Renewal and Recreation PDS Committee as a non-voting, co-opted Member for the current 2017/18 Municipal Year.

Items 11 and 22 - Visiting Member Councillor William Huntington-Thresher declared a non-pecuniary interest as Advisor to the Orpington 1^st BID Board.

Items 9 and 20 - Councillor Alexa Michael declared a non-pecuniary interest as a Member and user of Bromley Library.

Item 13 – As an Athletics England athlete, Councillor Michael Rutherford declared a non-pecuniary interest in regard to Aim 12.2 (page 119).

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 Thursday 29 June.

The following written question was received from Orpington resident, Mr Richard Gibbons:-

‘Would the Chairman, on Committee's behalf, adopt the Healthy Streets Approach included in Draft Mayor's Transport Strategy 2017 when reviewing Agenda Items 8, 10, 11, 12, and encourage Portfolio Holder and Officers to do likewise with current/future projects to create a vibrant, thriving and healthy borough prioritising walking, cycling and public transport?’ 

The Chairman’s written response was as follows:-

  ‘Thank you very much to Mr Gibbons for his question and for alerting me to the Healthy Streets Approach within the draft Transport Strategy.

In preparing for this meeting today I read the approach, and as he suggested took it into account when considering today's agenda. I would encourage other Members to do the same. To summarise, it outlines the strategy to encourage walking, cycling and public transport by making streets safe and pleasant, easy to cross, with  cleaner air and places to rest.

There is a lot to commend the strategy and I believe they should be taken into account when we scrutinise proposals. I also believe that the Council's strategy is in large part in line with the Healthy Streets Approach. Our new homes are focused on town centres and areas with good public transport and St Mark's Square and Churchill Gardens (Site G) are focused on pedestrian squares with good bike parking and cars hidden away, largely underground. New cycle paths are on the way and enhanced cycle parking has been created at locations such as The Glades and major railway stations.

The caveat I add is that aspects of the Healthy Streets Approach move away from being pro-cycling and walking towards being anti-car. There are large parts of the borough that do not have great public transport connections and we must recognise that many of our residents like or need to drive. I believe our approach should allow more town centre visitors parking spaces but make it as easy as possible for people to use other forms of transport.’

No questions were received.

RESOLVED that the Minutes of the meeting held on 5 April 2017 be confirmed and signed as a correct record.

All actions for matters arising from previous meetings had been completed.

RESOLVED that the matters arising from previous meetings be noted.

Report FSD170045

Members considered the latest budget monitoring position for 2017/18 for the Renewal and Recreation Portfolio based on expenditure and activity levels up to 31 May 2017.  The total portfolio budget showed a projected underspend of £42k.

RESOLVED that the Portfolio Holder be recommended to endorse the latest 2017/18 budget projection for the Renewal and Recreation Portfolio.

Report FSD17046

Members considered the 2016/17 provisional final outturn position for the Renewal and Recreation Portfolio which showed an underspend of £292k.

Approval was also sought for the drawdown of the carry forward sums from 2016/17 held in the Central Contingency, totalling £367k (net of grant income) as highlighted in paragraph 5.9 of the report.

RESOLVED that the Portfolio Holder be recommended to:-

1)  endorse the 2016/17 provisional outturn position for the Renewal and Recreation Portfolio; and

2)  approve the drawdown of the carry forward sums from 2016/17 held in the Central Contingency, totalling £367k (net of grant income) as highlighted in the report.

(Report to follow – This report is being prepared for the Executive meeting on 19 July and is, therefore, following Executive Committee timescales.  The report will be released to the R&R PDS Committee following completion of the officer review process.)

Report DRR17/029

Following completion of the development stage of the Regeneration Plan for Crystal Palace Park, Members were requested to consider the proposed steps to take the Regeneration Plan forward to delivery.

The report sought approval from the Executive of spend of up to £625k funded from Capital Receipts to progress the Regeneration Plan to the submission of the outline planning application by spring 2018.  A further £242.3k was requested from Capital Receipts to deliver the Crystal Palace Park café project with any unspent contingency being contributed towards the next phase of the Regeneration Plan scheme.

Due to its confidential nature, a detailed report on the outcome of the café works tender process was considered under the Part 2 section of the agenda.

In outlining the report, the Head of Culture, Mrs Lydia Lee, made the following representations:-

·  ‘The Regeneration Plan follows numerous unsuccessful attempts to regenerate the park. Including the 2007 Masterplan, valued at £100m to deliver, and the ZhongRong Group proposal in 2013.

·  In March 2015 the Executive agreed to a new strategy to the regeneration of the park

·  The agreed approach was to develop a regeneration plan for the park made up of three strands:

·  a capital scheme to regenerate the park in line with the vision of the Masterplan,

·  a new form of governance, and

·  a new park specific business model.

·  The development of the Regeneration Plan is now complete and this report seeks approval to progress to the first stage of delivery, which is to proceed to outline planning permission for the capital scheme by spring 2018 at a cost of up to £625k.

·  Although the business plan and governance strands have been progressed, as detailed in the report, the report recommendations are restricted to the progression of the capital scheme.

Capital scheme

·  The capital scheme development has been led by consultants AECOM through an options appraisal process.

·  The scheme has been required to meet set priorities for regeneration and certain criteria, such as working within the likely capital budget available and responding to the developing business plan findings.

·  As detailed in the committee report extensive consultation has been undertaken with sector bodies and the community to inform the scheme.

·  The report summarises the proposed capital scheme works, and appendix A to the report visualises the scheme.

·  The capital scheme includes park wide infrastructure improvements, such as lighting, and specific works to improve each of the park zones, including the restoration of the historic terraces.

Costs and funding

·  A cost plan for the delivery of the capital scheme has been developed in response to the estimated funding available.

·  Knight Frank has valued the enabling development housing sites in the current market at £24.84m.

·  In addition a successful Parks for People grant application to the Heritage Lottery Fund would realise £5m.

·  Therefore the total assumed budget, bearing in mind the original Improvement Scheme budget mainly funded by the Mayor of London, is £32.11m.  As set out in the table in paragraph 3.27.

·  The funding model at  ...  view the full minutes text for item 8.

(Report to follow)

Report DRR17/034

At a meeting of the Executive on 9 November 2015, officers were instructed to market test the library service using a procurement strategy based on competition with negotiation to enable officers’ flexibility to work with bidders to realise savings.

Members of the R&R PDS Committee were now requested to consider the outcome of that market testing and provide comments to the forthcoming meeting of the Executive on 19 July 2017.

Further confidential details relating to the award of contract for the provision of library services was considered in an accompanying Part 2 report (DRR17/035).

In outlining the report, the Director, Culture, Renewal and Recreation, made the following representations:-

‘Firstly, I should apologise to members of the Committee for the late publication of the two libraries reports, with hindsight I should have perhaps maintained my original position of calling a special meeting once all of the work was completed. However, when I agreed to bring the reports to this meeting I was of the view that this could be achieved. It then transpired that GLL asked for an extension of time to submit their final tender price which we agreed to, but this then caused a knock-on delay in the final evaluation which when considering the complexity of the bid meant that I was late in releasing the reports.

Having said that though, Members will be aware that there have been a significant number of reports tabled concerning the commissioning of library services and in many respects the two papers on the agenda tonight bring to a conclusion to this piece of work.

In particular, in November 2015, through the Gateway report concerning “Proposals for a Commissioned Library Service”, the Council agreed to begin a process of market testing the Library Service. This decision was made in the context that over the coming years the Council will need to continue to deliver multi-million pound savings from its revenue  budgets. The tender invited potential interested service providers to submit an application to deliver library services on behalf of and under the supervision of the Council, creating a commissioned library service.

In summary we are asking the Executives to agree to:

Award a contract to Greenwich Leisure Limited (GLL) for a period of ten years to run the councils library service with an option for a five year extension.

This is on the basis of the current service, so for instance:

·  The same number of libraries that the Council currently provides (14)

·  The same operating hours as provided now.

·  Same number of days of opening as provided now.

·  Same number of new books purchased as now

·  Same or similar activities as provided now.

·  The Councils library team TUPE transferring to GLL.

We are not envisaging any redundancies as a consequence of this TUPE transfer.  Two posts will be retained to form the client team to act as the interface between the Council and GLL.

The contract, subject to the Executive agreeing would go live on 1 November 2017 and would  ...  view the full minutes text for item 9.

Report DRR17/032

The development of the Biggin Hill Memorial Museum project was now complete with all funding having been secured.  The report sought authority from Members of the Executive to take the project through to delivery and to approve the award of the works contract and the investment of the endowment.

Prior to this, Members of the R&R PDS Committee were requested to consider the report and make any comments available to the Executive.

Mrs Lydia Lee, Head of Culture was pleased to announce that the Heritage Lottery Fund had awarded a grant of almost £2m to the Biggin Hill Memorial Museum scheme.

In his absence, the Chairman reported written comments received from Ward Member and Committee Member, Councillor Julian Benington as follows:-

‘As ward Councillor and a Trustee of the Biggin Hill Memorial Museum Trust, I would like to record in the Minutes my sincerest compliments to the Culture team, particularly Lydia Lee, Jemma Johnson-Daley and Rachael David for their outstanding work and support for this project. It is mainly by their endeavours and professional approach that the successful fund-raising of £5 million has been achieved, from different sources, which will enable the Chapel and Museum plans to go ahead.

I would like to add the Assistant Director Colin Brand to these compliments for his continuous support and valuable assistance.’

Members were informed that due to programme constraints, the outcome of the tender process and a recommendation to award the works contract would be detailed in a Part 2 report which will be circulated the day before the meeting of the Executive on 19 July.

RESOLVED that the report be noted and Member comments be submitted to a meeting of the Executive on 19 July 2017.

Report DRR17/038/1

Following the selection of Countryside Properties (UK) Ltd as the preferred development partner for the next phase of development of Opportunity Site G, Members were requested to consider the detailed terms of the development agreement and lease prior to consideration by Members of the Executive at its meeting on 19 July. 

Further detailed information which, for reasons of confidentiality, was provided in an accompanying Part 2 report (Report DRR17/038).

However, one element of the Part 2 report included consideration of any objections received from the public as a result of the advertisement of the proposal to dispose of a small area of public open space.  As this was no longer considered to be of a confidential nature, Members discussed this matter under the Part 1 public section of the agenda.

The original tender documentation indicated that the Council was prepared to consider straightening the boundary of the site by including a small part of Church House Gardens, provided there was a corresponding land swap and no net loss of public open space.  Countryside confirmed they wished to take this option up and provided a plan which showed the area to be taken out of the park and included in the site, the area to be added back as open space and an additional area that would be dedicated as public open space but maintained by Countryside.  The total of the land to be lost and the land added back amounted to 435.6sqm, so there would be no net loss.  In addition, the majority of the land to be lost formed part of the hard landscaped area leading from the High Street into the park. 

Because the proposed land for disposal was currently public open space, it was necessary to give notice under S123 (2A) of the Local Government Act 1972 of the Council’s intention to dispose of the land by advertising the potential disposal for two consecutive weeks in a newspaper circulated in the area.  Members were then required to consider any objections received before making their final decision whether to proceed with the proposed disposal.  The notices were published on 28 June and 5 July and any objections received would be reported to Members at the meeting of the Executive.  The Chairman expressed concern about the timing of the notice, given that it had been issued before the first consultation regarding the site.  He was also disappointed with the presentation of the notice, including the lack of a clear supporting map.  The Chairman suggested the notice be withdrawn pending consultation.

The Head of Renewal confirmed that as a result of the land swap there would be no net loss of parkland or gardens.  It would also result in a significant improvement to the landscaped area.

In regard to recommendation 2.2(iii), Members were informed that this was a standard clause and reference to ‘any further [non-material] variation in the detailed terms’ referred to one or two on-going phasing issues.

RESOLVED that the report be noted and Member comments  ...  view the full minutes text for item 11.

Report DRR17/036

Members considered updates on the progress achieved to date on the development of a proposed Second Term for the existing Business Improvement District (BID) in Orpington Town Centre and its potential implications for the Council.  The updates included the outline Orpington BID Proposal 2018-2023 and Members considered a request that the Portfolio Holder for Renewal and Recreation be given delegated authority to review the final version of the BID Proposal in order to authorise a Ballot to be held on the renewal of the Orpington BID in November 2017.

For reasons of confidentiality, full details of the Orpington BID Proposals 2018-2023 were contained in a report considered by Members in the Part 2 section of the agenda.

It was reported that Orpington 1^st had requested the Council consider waiving the £8k per annum levy collection charge however, the Local Authority did not have the budget to support this.  It was also likely that in doing so, other BIDs may submit the same request and therefore the financial benefit gained from having BIDs would be lost.

The levy itself was collected on behalf of the Council by Liberata and Councillor Tickner was concerned that they may be overcharging.  The Head of Town Centre Management had looked into this matter and discovered that some local authorities do waiver the levy while others do not.  Liberata was on a par with other local authorities in terms of the levy charge.

Councillor Huntington-Thresher commented that BIDs were not able to negotiate with collectors.  The Orpington BID had a smaller income than others so the levy charge took up a significant proportion of that income.  He emphasised the need to ensure that Liberata were encouraged to collect as cheaply as possible.  Councillor Tickner moved that an additional recommendation be added to the recommendations to be considered by the Executive in regard to this.

RESOLVED that the report be noted and Member comments be submitted to a meeting of the Executive on 19 July 2017.  The following recommendation was also added:-

‘2.6  The Executive be recommended to agree that when Liberata’s contract is up for renewal, the levy collection charge be included in the specification.’

Report DRR17/037

Members received an update on the progress achieved in delivering the Town Centres Development and Growth Programme.

Commenting on the Orpington Walnuts Shopping Centre Public Realm Scheme and in light of the recent Grenfell Tower disaster, Councillor Michael referred to concerns regarding the cladding for the new fire escape.  The Head of Renewal confirmed the cladding was fire retardant.

Councillor Tickner reported the Beckenham BID had been deferred until January/February 2018 however, traders were still very enthusiastic.  Councillor Morgan attended the last Beckenham Town Centre Working Group where concerns were raised regarding the incorrect paving laid around Beckenham Junction which was lighter than the darker granite originally ordered.  On completion of the scheme, Conways the Highways Contractor, would replace the paving with the correct specification, meanwhile they considered deep scrubbing with a chemical solution should bring it back up to standard.  The correct granite had been reordered for the remaining two phases.

In regard to anti-terrorism, Environmental Services were working towards introducing protective street furniture in the Beckenham Town Centre public high street at a cost of £100k.  Deeply embedded bollards capable of withstanding attacks would be installed in Market Square.

Councillor Huntington-Thresher enquired whether current cycle parking in high streets were secure.  In response, the head of Renewal confirmed that security was at the forefront in terms of design for Beckenham.  Cycle parking should be located where it was most required by members of the public and visible in an area where passive surveillance could take place.  Cycle pumps would also be made available.  Councillor Tickner emphasised the importance of ensuring a number of smaller cycle spaces were also located around smaller convenient areas.

RESOLVED that the progress achieved in delivering the Town Centres Development and Growth Programme be noted.

DRR17/033

Members considered a report which summarised the aims and objectives of the Renewal and Recreation portfolio for 2017/18.  The report also provided a summary of the achievements of the Renewal and Recreation portfolio in 2016/17.

It was agreed that a further Portfolio Plan report be submitted to the final meeting of the 2017/18 Municipal Year.

RESOLVED that the reported be noted.

Report DRR17/29

The report (considered jointly with Item 15 – Report DRR17/28), provided an update on planning appeals received and decided for the year 2016/17. 

In responding to questions from Councillor Michael, the Chief Planner reported there was no obvious reason for the difference between the number of appeals lodged in 2015/16 (261) compared with 2016/17 (351) as set out in Table 1 (page 135).  One theory was that whilst the number of dwelling applications had increased in 2016/17, the number of applications refused were in fact very similar.

At the suggestion of Councillor Allen, officers agreed that each case recorded in future tables would be numerically allocated for ease of reference.

The Development Control Manager (Appeals and Enforcement) confirmed he actively encouraged officers to apply for awards of cost when applicable.

The Chief Planner reported the Planning Section attempted to match appropriately the quality of the appellant’s barrister/planning consultants etc. at appeal hearings.

Discussion had taken place with the Communications Team in regard to advertising when appeal cases were awarded in the Council’s favour with some being advertised in the weekly list.  It was good to show residents that the Council was being robust in appealing cases.

RESOLVED that the report be noted.

Report DRR17/28

Members received an update on the award of costs from planning appeals made in the financial year 2016/2017.  The report also contained an update on cost claims paid in the same year.

Members considered this information jointly with Item 14 (Report DRR17/29) and any comments made are recorded thereunder.

RESOLVED that the report be noted.

Report DRR17/027

Members considered an update on enforcement activity from 1 April 2016 to 31 March 2017.  This report was considered jointly with Item 17 – Report DRR17/031).

In regard to Appendix 1 – Instructions Issued April/May/June 2016, the Chief Planner agreed in future to include outstanding items prior to 2016.  The table would also be amended to show the date when cases had been resolved.  The Development Control Manager informed Members that although the number of complaints received had remained static, the number of running cases had built up due to a member of staff being absent from the office for three months.  Upon her return, the number of cases had decreased.  Currently, enforcement staff were responsible for 150 cases each.

Councillor Tickner requested up-to-date information concerning action taken in regard to The Drive, Beckenham (page 185).  He was aware that a decision to issue an Enforcement Notice was made in November 2016 yet the site still remained untidy.  The Development Control Manager explained that the owner had appealed the Notice and Bromley Magistrates’ Court had failed to notify the Council of the scheduled hearing or that the appeal had been dismissed.  A Breach of Enforcement Notice was currently with litigation and a summons would be issued shortly.  Further action was awaited on the Section 125 Notice and a charge against the property would be raised.  Upon receipt of the Notice, the owner would have 28 days in which to comply.  It was envisaged that the case should be resolved within the next three months.

In light of the Grenfell Tower disaster, the Director of Regeneration informed Members that an information report on how this had affected the Council and the outcome of on-going housing association investigations concerning fire safety and fire risks would be submitted to the PDS Committee meeting in November 2017.

Amey, the Council’s property contractor, had been requested to undertake fire/risk assessments on all Council-owned buildings.  This should be completed by September 2017 and a separate report on the findings and costs would be submitted to a future PDS meeting.

The Chief Planner confirmed that external Building Control Approved Inspectors worked to the same Building Regulations as the Council and must also sign a completion notice as the Council do.  In terms of cladding etc., the Council did attempt to advise owners of their responsibility to employ someone to carry out assessments. 

The Chairman put forward a motion that officers contact relevant owners to ensure their building stock is assessed and to request a copy of the cladding assessment for the file.  This motion was seconded by Councillor Tickner.

RESOLVED that officers contact relevant building owners to ensure their building stock is assessed and to request, where relevant, a copy of the cladding assessment for the file.

Report DRR17/031

Members were advised of the enforcement action taken under Delegated Authority for alleged breaches of planning control.

Members considered this information jointly with Item 16 (Report DRR17/29) and any comments made are recorded thereunder.

RESOLVED that the report be noted.

Report CSD17079

Members considered the R&R PDS Work Programme for 2017/18 and were also requested to agree to the continuation of the Beckenham Town Centre Working Group for the current Municipal Year with membership comprising Councillor Michael Tickner and Ward Councillors.

RESOLVED that:-

1)  the work programme for 2017/18 be noted; and

2)  the Beckenham Town Centre Working Group be appointed for a further year with a Councillor membership comprising Councillor Michael Tickner and Ward Councillors.

The Chairman moved that the Press and public be excluded during consideration of the items 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.

(Report to follow)

Report DRR17/035

Confidential details relating to the award of contract for the provision of library services was considered by Members.  This report accompanied a Part 1 report (DRR17/034) in relation to the outcome of market testing the library service.

RESOLVED that the report be noted and Member comments be submitted to a meeting of the Executive on 19 July 2017.

(Report to follow)

Report DRR17/038

Following the selection of Countryside Properties (UK) Ltd as the preferred development partner for the next phase of development of Opportunity Site G, Members were requested to consider further confidential details on the terms of the development agreement and lease prior to consideration by Members of the Executive at its meeting on 19 July. 

One element of the report (paragraph 3.6), related to the Council’s intention to dispose of a small piece of land; this was no longer considered to be of a confidential nature and was therefore discussed during consideration of the accompanying Part 1 report (DRR17/038/1).

RESOLVED that the report be noted and Member comments be submitted to a meeting of the Executive on 19 July 2017.

Report DRR17/043

Members considered confidential additional detail on the draft proposals and budget for a Second Term for the existing Business Improvement District (BID) in Orpington Town Centre.  An accompanying Part 1 report (Report DRR17/036) was previously considered during the public section of this meeting.

RESOLVED that the report be noted and Member comments be submitted to a meeting of the Executive on 19 July 2017.

(Report to follow – This report is being prepared for the Executive meeting on 19 July and is, therefore, following Executive Committee timescales.  The report will be released to the R&R PDS Committee following completion of the officer review process.)

As this report was no longer considered to be of a confidential nature, Members discussed its content under the Part 1 public section of the agenda (Supplementary Item 9a).

Report DRR17/029

Members considered a confidential update on the outcome of the Crystal Palace Park café works procurement process for which approval for the award of contract was sought from Members of the Executive.  An accompanying Part 1 report relating to the development stage of the Regeneration Plan for Crystal Palace Park and the next steps to take the Plan forward to delivery was previously considered during the public section of this meeting.

RESOLVED that the report be noted and Member comments be submitted to a meeting of the Executive on 19 July 2017.