Agenda and draft minutes

Venue: Bromley Civic Centre

Contact: Philippa Gibbs  020 8461 7638

Items
No. Item

27.

APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTE MEMBERS

Minutes:

There were no apologies for absence.

28.

DECLARATIONS OF INTEREST

Minutes:

There were no addiotnal declarations of interest.

29.

QUESTIONS FROM COUNCILLORS AND MEMBERS OF THE PUBLIC ATTENDING THE MEETING

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 relating to reports on the agenda should be received within two working days of the normal publication date of the agenda.  Please ensure that questions specifically relating to reports on the agenda are received by the Democratic Services Team by 5 pm on Thursday 29 October 2020.

 

Minutes:

A copy of the questions received, together with the responses can be viewed as Annex A to these Minutes.

30.

MINUTES OF THE RENEWAL, RECREATION AND HOUSING PDS COMMITTEE MEETING HELD ON 2 SEPTEMBER 2020 AND THE SPECIAL MEETINGS HELD ON 6 OCTOBER 2020 AND 14 OCTOBER 2020 pdf icon PDF 1 MB

Additional documents:

Minutes:

The minutes of the Renewal, Recreation and Housing PDS Committee meeting held on 2 September 2020 and the special meetings held on 6 October 2020 and 14 October 2020, were agreed and signed as a correct record.

31.

MATTERS OUTSTANDING FROM PREVIOUS MINUTES pdf icon PDF 379 KB

Additional documents:

Minutes:

Report CSD20107

 

The report set out progress against actions outstanding from previous meetings.  Officers were thanked for the action taken to addressed matters outstanding from previous meetings.

 

RESOLVED: That the report be noted.

 

HOLDING THE RENEWAL, RECREATION AND HOUSING PORTFOLIO HOLDER TO ACCOUNT

32.

PRE-DECISION SCRUTINY OF RENEWAL, RECREATION AND HOUSING PORTFOLIO REPORTS

Portfolio Holder decisions for pre-decision scrutiny.

Minutes:

The Committee considered the following reports where the Renewal, Recreation and Housing Portfolio Holder was recommended to take a decision:

 

32a

BROMLEY BUSINESS IMPROVEMENT DISTRICT (BID) PROPOSAL – RENEWAL FOR 2021-2026 pdf icon PDF 370 KB

Additional documents:

Minutes:

Report HPR2020/035

 

The report updated Members on the progress to date on the development of a proposed second term for the existing Business Improvement District (BID) in Bromley Town Centre and its potential implications for the Council.  The report also introduced the outline Bromley BID Proposal 2021 – 2026 which had been presented to the Council by the Bromley BID Ltd (the Bromley BID company) and requested delegated authority for the Director of Housing, Planning and Regeneration to review the final version of the BID Proposal in order to authorise a ballot to be held on the renewal of the Bromley BID in February 2021.

 

RESOLVED: that the Portfolio Holder be recommended to

 

1.  Note the draft Bromley BID Proposal 2021 – 2026 (summarised in 3.9 below but provided in full as part of a report on Part 2 of this agenda) which details the progress to date on the development of the BID, including the level of consultation with businesses, and outlines the BID levy rules and emerging key priorities of the BID for its second term.

 

2.  Agree in principle, on the basis of the outline BID Proposal that the Council’s Ballot Holder may be instructed to hold a ballot in February 2021, according to the Business Improvement District Regulations (England) 2004, being satisfied that the BID Proposal does not conflict with any of the Council’s priorities and plans, and that its geographic scope is within the boundaries of the London Borough of Bromley (see map of draft BID boundary in Appendix 1).

 

3.  Agree delegated authority to the Director for Housing, Planning and Regeneration to review the FINAL version of the BID Proposal which is expected to be delivered to the Authority by 12th January 2021 and provided that this still meets the criteria outlined in 2.2 above, instructs the Ballot Holder to run the BID ballot, on behalf of the Portfolio Holder.

 

4.  Agree to nominate an officer to vote ‘Yes’ on behalf of the Council for eligible Council-occupied hereditaments which fall within the proposed BID area (these are listed in paragraph 5.2 of the report).

 

5.  Subject to a BID ‘yes’ vote, authorise the Director of Corporate Services to enter into all legal agreements necessary to renew and operate the BID, and that the agreements ensure that the BID company acts at all times in the best interests of the town centre.  The draft agreements, which are still to be finalised, are included as part of Appendix 2.

 

6.  Note the potential for additional costs to the Council in the event of a ‘no’ vote and that a further report setting out options be submitted for Members’ consideration in that event.

 

 

 

 

32b

BUDGET MONITORING 2020/21 pdf icon PDF 310 KB

Additional documents:

Minutes:

Report FSD20083

 

The report provided an update on the latest revenue budget monitoring position for 2020/21 for the Renewal, Recreation and Housing Portfolio based on activity up to the end of September 2020.

 

The Committee noted that the projected impact of Covid-19 would be reflected in the full Budget Monitoring presented to the Leader later in the month.  As yet the full impact on the budget was difficult to quantify but it was clear that there were a number of ongoing pressures.

 

The Director of Housing, Planning and Regeneration confirmed that, in light of Covid-19, Officers were currently projecting an increase of 15 temporary accommodation clients each month for the next 12-18 months although the situation was being kept under review.

 

The Committee noted that a number of departments across the Council were experiencing financial pressures arising from the Covid-19 pandemic, including Strategic Property, Land Charges, Building Control, and Culture (including Regeneration).

 

RESOLVED: That the Portfolio Holder be recommended to endorse the latest 2020/21 budget monitoring for the Renewal, Recreation & Housing Portfolio.

 

 

 

32c

PROVISION OF HOUSING IN YORK RISE, ORPINGTON pdf icon PDF 249 KB

Minutes:

Report HPR2020/037

 

The report recommended using the LHC, NH2 procurement framework to proceed with residential development proposals of circa 35 homes at York Rise, Orpington, BR6 8PR.  The site had been subject to previous development proposals outlined in the report. In May 2020, the Council appointed multi-disciplinary consultants Pellings to undertake further detailed feasibility of the site. Executive previously agreed to fund and develop proposals for this site, however, the proposals have substantially moved on since that time.  The report outlined the work undertaken as part of the feasibility study and what was required as part of the tender to proceed with the next stages of development.

 

The Committee noted the comments (attached at Annex B) which had been circulated by local ward councillor, Councillor Charles Joel.

 

In response to a question, the Interim Head of Regeneration confirmed that the contract would specify that where there were specialist contractors required for specific pieces of work these would have to be sub-contracted out where necessary. 

 

The Committee further noted that the geographical challenges of the site were had been given due consideration.

 

 

RESOLVED: That the Portfolio Holder be recommended to

 

1.  Note the progress of the project as set out within this report.

 

2.  Note the commissioning strategy set out in this report including the use of the LHC, NH2 procurement framework for the appointment of consultants funded from the Capital Scheme approved in July 2019.

 

3.  Note the decision to proceed to procurement for the Pre-Contract Service Agreement works contract for up to £350k, which includes all the work required to develop a residential design and a fully costed scheme.

 

4.  Note that a report will be presented at a later date to the Executive once the design proposals are at a more advanced stage prior to proceeding to any further stages (ie., design and build) which will provide an update on the estimated costs of the scheme with a recommended approach to ensure development viability.

 

33.

PRE-DECISION SCRUTINY OF REPORTS DUE FOR DECISION BY THE LEADER

Minutes:

The Committee considered the following reports on the Part 1 agenda due for decision by the Leader in November 2020:

33a

MORE HOMES BROMLEY - DISCHARGING DUTY pdf icon PDF 219 KB

Minutes:

Report HPR2020/038

 

The report provided an update on the More Homes Bromley scheme for the acquisition and management of up to 400 properties for the Council’s homeless families.  The report also requested agreement to change the scheme from temporary accommodation to permit the Council to discharge its homelessness duties by offering tenancies on an assured shorthold basis and to change the rent levels for those properties. Rents charged on these properties will be in line with the applicable local housing allowance level.

 

The Committee noted that the main areas which had impacted on the running costs were the actual repairs and service charge costs which had originally been estimates.  Service charges had increased and there were some areas where the ongoing repairs were higher than predicted.

 

The Director of Housing, Planning and Regeneration confirmed that with the More Homes Bromley portfolio there was the flexibility to let either as temporary accommodation, in discharge of duties at an affordable rent, or through to private rented to ensure that the rental income financed the scheme.  Temporary accommodation levels were frozen at considerably lower than market rents or Local Housing Allowance levels.  The proposal was to move to a discharge of duties where the tenancies were similar to those held by a private tenant with an assured shorthold tenancy which would mean that tenants could settle in their homes.  Members noted that a suitability assessment would be undertaken to ensure that, where the property remained suitable, all existing tenants could remain in the property.

 

The Committee noted that, in the interests of flexibility, a small number of units would be retained as temporary accommodation.  The transfer of the remaining units would be phased, starting in the new financial year. It was expected that the majority of the units would transfer within the next 6 months.

 

RESOLVED: That the Leader be recommended to agree the proposal from the Board of More Homes Bromley for the Council to allow  properties held under the More Homes Bromley scheme to be provided in discharge of the Councils statutory homelessness duties to provide suitable settled accommodation for these households, and to increase the rent levels.

 

 

33b

FINANCING OF HOUSING SCHEMES (PART 1 REPORT) pdf icon PDF 1 MB

Minutes:

Report HPR2020/038

 

The report provided an update on the finances for 3 housing schemes the Council was currently developing, Burnt Ash Lane, Bushell Way and Anerley Town Hall overflow car park.  The report also included a review of utilising GLA grants for developing Affordable Housing, which will have an impact on the rent levels charged.

 

In response to a question, the Interim Head of Regeneration confirmed that the Council would be submitting a bid for funding in the current funding round and that through discussions with the GLA it was clear that £100k was available for each affordable housing unit.

 

The Chairman noted that the GLA rents were higher than the temporary accommodation levels but lower than the Council could let at Local Housing Allowance.  The Director of Housing, Planning and Regeneration explained that this was also possibly the last year that it would be possible to secure funding at the £100k level and it was therefore beneficial to maximise grant finding on some of the early schemes.

 

RESOLVED: That the Leader be recommended to

 

1.  Approve the utilisation of £1,256k Section 106 contributions for the three housing schemes. 

 

2.  Recommend that Executive approve the rent levels of the three housing schemes at London Affordable Rent (LAR) levels to support the GLA Building Homes for Londoners Grant. 

 

3.  Delegate authority to the Director of Housing, Planning and Regeneration in consultation with the Director of Corporate Services and the Director of Finance at the relevant time to appropriate each site from planning purposes to housing purposes to be accounted for within the Council’s Housing Revenue Account.

 

4.  Recommend that Council approves a supplementary estimate of £1,764k to the Capital Programme for these three schemes.

 

5.  Recommend that Council approves the revised financing of the schemes as set out in paragraph 10.7 of the report, including an internal loan from the General Fund to the Housing Revenue Account of £7,453k.

 

6.  Delegate authority to the Director of Housing, Planning and Regeneration in consultation with the Director of Finance to apply for GLA grant funding under the Building Council Homes for Londoners Programme and to enter into grant agreement with the Greater London Authority.

 

POLICY DEVELOPMENT AND OTHER ITEMS

34.

EXPENDITURE ON CONSULTANTS 2019/20 AND 2020/21 pdf icon PDF 99 KB

Additional documents:

Minutes:

Report CSD20108

 

  At its meeting on 8th October 2020, the Executive, Resources and Contracts PDS Committee considered a report on expenditure on consultants across all Council departments for both revenue and capital budgets. The Committee requested that the report be considered by all PDS Committees.

In response to a question concerning the reference to EU procurement regulations in Appendix 1 to the report, the Head of Finance confirmed that from 1st January 2021, these regulations would no longer apply, and would be replaced by equivalant UK legislation establishing competition requirements.

RESOLVED: That the report be noted.

35.

HOUSING, PLANNING AND REGENERATION PORTFOLIO PLAN UPDATE -2020/21 Refresh and Q2 Update pdf icon PDF 228 KB

Additional documents:

Minutes:

Report ACH20-044

 

The report presented the refresh of the Portfolio Plan for 2020-21 and the update for Quarter 2.

 

Noting that there had recently been a number of planning applications in respect of felling trees protected by Tree Preservation Orders (TPOs) where the trees had had an adverse effect on the foundations of houses, a Member stressed the need to ensure that trees, which had often been in situ far longer than the properties, were protected through interventions such as root barriers.

 

With reference to Site G, the Director of Housing, Planning and Regeneration confirmed that an update would be presented to the Committee as soon as possible.  The Portfolio Holder suggested that, if necessary, a special meeting could be arranged for consideration of options in respect of Site G.

 

In response to a question from the Chairman, the Director of Housing, Planning and Regeneration confirmed that the department would work towards quantifying objectives where possible.

 

In respect of the ‘amber’ rating for the Building Control service, the Director of Housing, Planning and Regeneration confirmed that a number of key personnel appointments remained outstanding.  Once these appointments had been made it was likely that the target would move to ‘green’.

 

The Committee noted that the Bromley Community Infrastructure Levy (CIL) was likely to be implemented from Summer 2021 following independent examination.  Members noted however that affordable housing contributions would not be covered by CIL and would remain as Section 106 agreements.

 

RESOLVED: That the report be noted.

 

36.

PLANNING APPEALS - COSTS 2019-2020 pdf icon PDF 213 KB

Additional documents:

Minutes:

Report HPR2020/32

 

The report provided an update on the award of costs from planning appeals made in the financial year 2019/2020. 13 applications claiming for costs were made in the period April 2019 to March 2020 of which 5 had been allowed and 8 refused.  The report also provided an update on cost claims that were paid in 2019/2020. The total of planning appeal cost claims paid in 2019/2020 was £36,236.15.  The Council had actively been applying for an award of costs against the appellant where the Council believe they had acted unreasonably.  Three cases had been applied for within this financial year, two had been refused and one was awaiting a decision.

 

In response to a question concerning how the figures could be skewed by the very small number of cases, the Assistant Director for Planning explained that whilst the small number of cases was not formally recognised, if the Council found itself in a position where it was threatened with designation again it would have an opportunity to put its case back and the small number of cases would be a relevant factor. 

 

RESOLVED: that the report be noted.

 

37.

PLANNING APPEALS MONITORING REPORT - FINANCIAL YEAR 2019-2020 (including year to date 2020/2021) pdf icon PDF 854 KB

Minutes:

Report HPR2020/33

 

This report provided an update on the planning appeals received and decided in the financial year 2019/2020 and included the first six months of 2020/2021 to capture the decisions of the majority of appeals made in the financial year 2019/2020.  Some charts showed a comparison of Bromley’s statistics with those nationally, however the national figures for the last quarter would not be available until November 2020.  Due to the Covid19 pandemic rules for conducting site visits, hearings and inquiries have changed.[1]  Physical events were not being undertaken for the foreseeable future.  Wherever reasonable to do so, site visits were being arranged rather than events.  Some virtual hearings were taking place and it was hoped that the vast majority of all postponed hearings would take place as soon as possible in the following months.  In relation to planning inquiries, the inspectorate had been holding numerous case conferences with a view to turn a few into virtually held inquiries, the remaining ones would be re-arranged at the earliest opportunity.  Therefore, as a result of the difficulties in conducting site visits, hearings and inquiries there had been a delay in appeal decisions being made.

 

RESOLVED: That the report be noted.

 



[1] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/889299/COVID-19_Guidance_for_site_visits_hearings_and_inquiries_28_May_2020v2.odt

38.

RENEWAL, RECREATION AND HOUSING PDS COMMITTEE WORK PROGRAMME (DECEMBER 2020-MARCH 2021) pdf icon PDF 134 KB

Additional documents:

Minutes:

Report CSD20106

 

The report updated the Committee’s work programme.  Members noted that, if necessary, a special meeting would be held to enable an update on Site G to be provided.

 

RESOLVED: That the Work Programme be noted.

PART 2 (CLOSED) AGENDA

39.

LOCAL GOVERNMENT ACT 1972 AS AMENDED BY THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) (VARIATION) ORDER 2006, AND THE FREEDOM OF INFORMATION ACT 2000

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.

Minutes:

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

 

 

40.

EXEMPT MINUTES OF THE RENEWAL, RECREATION AND HOUSING PDS COMMITTEE HELD ON 2 SEPTEMBER 2020 AND THE SPECIAL MEETINGS HELD ON 6 OCTOBER 2020 AND 14 OCTOBER 2020

Minutes:

The exempt minutes of the Renewal, Recreation and Housing PDS Committee held on 2 September 2020 and the special meetings held on 6th October 2020 and 14 October 2020, were agreed and signed as a correct record.

41.

PRE-DECISION SCRUTINY OF PART 2 (EXEMPT) RENEWAL, RECREATION AND HOUSING PORTFOLIO HOLDER REPORTS

41a

BROMLEY BUSINESS IMPROVEMENT DISTRICT (BID) PROPOSAL – RENEWAL FOR 2021-2026

Minutes:

The Committee noted the report and supported the recommendations.

42.

PRE-DECISION SCRUTINY OF PART 2 (EXEMPT) REPORTS DUE FOR DECISION BY THE LEADER

Minutes:

The Committee considered the following reports on the Part 2 agenda due for decision by the Leader in November 2020:

43.

PART 2 FINANCING OF HOUSING SCHEMES

Minutes:

The Committee noted the report and supported the recommendations.

Annex A pdf icon PDF 264 KB

Annex B pdf icon PDF 370 KB

 

Original Text: