Agenda and draft minutes

Venue: Bromley Civic Centre

Contact: Lisa Thornley  020 8461 7566

Items
No. Item

1.

APOLOGIES FOR ABSENCE AND NOTIFICATION OF SUBSTITUTE MEMBERS

Minutes:

No apologies for absence were received.

2.

DECLARATIONS OF INTEREST

Minutes:

There were no declarations of interest.

3.

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 28 January 2021. Written replies will be provided.

 

3a

QUESTIONS FOR THE RENEWAL, RECREATION AND HOUSING PORTFOLIO HOLDER

Minutes:

No questions were received.

3b

QUESTIONS FOR THE CHAIRMAN OF RENEWAL, RECREATION AND HOUSING PDS COMMITTEE

Minutes:

No questions were received.

4.

MINUTES OF THE RENEWAL, RECREATION AND HOUSING PDS COMMITTEE MEETING HELD ON 9 NOVEMBER 2020 AND THE SPECIAL MEETING HELD ON 16 DECEMBER 2020 pdf icon PDF 945 KB

Additional documents:

Minutes:

RESOLVED that the Minutes of the meeting held on 9 November 2020 and the Minutes of the special meeting held on 16 December 2020 be confirmed and signed as a correct record.

5.

MATTERS OUTSTANDING FROM PREVIOUS MINUTES pdf icon PDF 373 KB

Minutes:

Report CSD21018

 

Members noted the report.

HOLDING THE RENEWAL, RECREATION AND HOUSING PORTFOLIO HOLDER TO ACCOUNT

6.

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

Portfolio Holder decisions for pre-decision scrutiny.

6a

CAPITAL PROGRAMME MONITORING - 2ND QUARTER 2020/21 pdf icon PDF 296 KB

Additional documents:

Minutes:

Report FSD20094

 

On 18 November 2020, the Leader received a report summarising the current position on capital expenditure and receipts following the 2nd quarter of 2020/21 and agreed a revised Capital Programme for the four year period 2020/21 to 2023/24. 

 

Members considered changes agreed by the Leader in respect of the Capital Programme for the Renewal, Recreation and Housing Portfolio.

 

RESOLVED that the Portfolio Holder be recommended to note and acknowledge the changes agreed by the Leader on 18 November 2020.

 

6b

PROPOSED NON-IMMEDIATE ARTICLE 4 DIRECTION TO REMOVE PART 1, CLASS B AND C PERMITTED DEVELOPMENT RIGHTS IN PETTS WOOD ASRC pdf icon PDF 337 KB

Additional documents:

Minutes:

Report HPR2021/006

 

Members considered the making of an Article 4 Direction to remove Part 1, Class B and C Permitted Development (PD) rights in the Petts Wood Area of Special Residential Character (ASRC). The PD rights allowed various alterations to the roof of a dwellinghouse without planning permission.

 

The Direction would replace an existing Direction which related solely to the removal of Part 1, Class B and C permitted development rights on front roofslopes.

 

The Chairman noted that this report had also been considered at a meeting of the Development Control Committee on 28 January 2021.  At that meeting, Members had added ‘conservation areas’ to recommendation 2.1. It was also noted that DCC had added a further recommendation clarifying that the existing Direction would not be cancelled until the new Direction came into effect.

 

Visiting Member Councillor Fawthrop (a Member of the DCC), reported that the addition of ‘conservations areas’ related to two conservation areas within the garden suburb. By way of clarification, Councillor Fawthrop submitted a statement to the meeting which can be viewed at Annex A to these Minutes.

 

In relation to the amendment made to recommendation 2.1 by DCC Members, the Head of Planning Policy and Strategy advised that a lot of the justification in the report related to the ASRC specifically because the garden suburb was not a specific planning designation. He suggested that a separate recommendation could be added with the justification outlined by Councillor Fawthrop. This recommendation would apply only to the Part 1 Class C rights as Part 1, Class B rights did not apply in conservation areas. As an Article 4 Direction already existed for The Chenies, this Article 4 Direction would only pertain to the Chislehurst Road conservation area.

 

It was agreed that the Head of Planning Policy and Strategy would formulate the additional recommendation and seek Councillor Fawthrop’s approval before a decision was made by the Portfolio Holder.

 

As Chairman of the DCC, Councillor Michael agreed with the addition of a further recommendation as it was vital to ensure the whole area remained protected.

 

RESOLVED that the making of a ‘non-immediate’ Article 4 Direction (covering the Petts Wood ASRC shown on the plan) to withdraw Part 1, Class B and C permitted development rights granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (“the GPDO), Schedule 2 be endorsed.

 

It was further RESOLVED that the Portfolio Holder be recommended to:-

 

1)  authorise the making of a non-immediate Direction which would come into force 12 months from the day on which it was made, if the Direction was subsequently confirmed following public representations as required by the GPDO (where practicable); and

 

2)  the decision to confirm a non-immediate Direction would be accompanied by a concurrent decision to cancel the existing Article 4 Direction which related solely to the removal of Part 1, Class B and C permitted development rights on front roofslopes.

 

Following the meeting, the additional recommendation as agreed by Members, was formulated  ...  view the full minutes text for item 6b

6c

CONFIRMATION OF NON-IMMEDIATE ARTICLE 4 DIRECTIONS TO REMOVE PERMITTED DEVELOPMENT RIGHTS FOR OFFICE TO RESIDENTIAL CONVERSIONS IN BROMLEY'S OFFICE CLUSTERS pdf icon PDF 341 KB

Additional documents:

Minutes:

Report HPR2021/004

 

Members were requested to consider confirmation of three non-immediate Article 4 Directions to withdraw the permitted development right for change of use from office to residential. The Directions would apply to the three Office Clusters as shown in the Bromley Local Plan (January 2019 – Crayfield Business Park (Cray Valley West), Knoll Rise (Orpington) and Masons Hill (Bromley Town).  If confirmed, the Directions would come into force on 10 July 2021, in order to remove potential liability to pay compensation.

 

RESOLVED that the confirmation of three ‘non-immediate’ Article 4 Directions be endorsed, to withdraw the permitted development right granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), Schedule 2 Part 3 Class O, which permits uses falling within Class B1(a) (office) to change use to Class C3 (dwellinghouse).

 

It was further RESOLVED that the Portfolio Holder be recommended to authorise the confirmation of the three non-immediate Directions, which would come into force on 10 July 2021 (12 months from the day on which they were made).

6d

PROPOSED NON-IMMEDIATE ARTICLE 4 DIRECTION TO REMOVE PERMITTED DEVELOPMENT RIGHTS FOR UPWARDS EXTENSIONS IN AN AREA WITHIN THE RAVENSBOURNE VALLEY LOCAL VIEW pdf icon PDF 611 KB

Additional documents:

Minutes:

Report HPR2021/005

 

At the Renewal, Recreation and Housing Policy Development and Scrutiny Committee meeting on 16 December 2020, Members requested consideration be given to the making of a non-immediate Article 4 Direction to withdraw permitted development (PD) rights which allowed blocks of flats to extend upwards by up to two storeys to provide new residential units. The Direction would cover a discrete area which fell within the local view of the eastern skyline of the Ravensbourne Valley.

 

This report examined whether there was justification for the Direction and set out the approach for making the Direction if Members agreed.

 

RESOLVED that the making of a ‘non-immediate’ Article 4 Direction (covering the area shown in Appendix 1 of the report) to withdraw the following permitted development rights granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (“the GPDO”), Schedule 2 be endorsed:-

 

·  Part 20, Class A

·  Part 20, Class AA

·  Part 20, Class AD

 

It was further RESOLVED that the Portfolio Holder authorise

the making of a non-immediate Direction, to come into force 12 months from the day on which it was made, if the Direction was subsequently confirmed following public representations.

 

7.

PRE-DECISION SCRUTINY OF EXECUTIVE REPORTS

Minutes:

The Committee considered the following reports on the Part 1 agenda for the meeting of the Executive on 10 February 2021:

7a

PROPERTY ACQUISITION SCHEME PROPOSAL pdf icon PDF 328 KB

Additional documents:

Minutes:

Members considered an option to acquire approximately 242 properties under a funding arrangement with Orchard and Shipman for use as accommodation to help reduce the current pressures in relation to homelessness and temporary accommodation.

 

Further information of a private and confidential nature was contained in the accompanying Part 2 report on the agenda.

 

The Director Housing, Planning and Regeneration gave the following responses to Member questions:-

 

·  The number of properties acquired would depend on the final purchase price. The baseline would be 240 properties unless there was a major change in the market. Looking at availability on the market, the maximum could potentially be 286 properties. The aim was to complete within 12-18 months.

 

·  The Council would have exclusive nomination rights on all of the properties. In order to discharge the Council’s duty, homeless cases would be given priority. In the event that the Council did not have the same level of pressure, the properties could be allocated to clients on the waiting list or as private rented accommodation to those in housing need.

 

·  The scheme was brought to the Council by Orchard and Shipman. Previously, the Executive had agreed that schemes brought forward by a provider which met housing need could be considered.

 

·  In regard to demand, the highest need was for 2-bed properties equating to 50-60%; the remainder would be split between 1 and 3-bed properties. This would be kept under review to reflect need.

 

·  The Council was looking for properties in Bromley and the surrounding areas that met property standards and were structurally sound. They were predominantly from the private sector however, Orchard and Shipman had contacts within the registered provider sector so any properties being considered for disposal could be assessed for this scheme.

 

·  The LLP arrangement was a joint venture between Orchard and Shipman and the Council where the properties would be held and managed.

 

·  The funders agreement was with Bromley who were ultimately underwriting the funding which would be repaid through the rental stream coming in on those properties. The rental scheme would essentially pay for the management and maintenance of the properties being put forward. The Council would own the properties after 50 years.

 

The Head of Finance, Adults, Health and Housing reported that financially, this scheme compared favourably with other homelessness programmes in which the Council were involved. The scheme would deliver savings of around £1½m per annum and at the end of 50 years the Council would own the properties outright with no debt outstanding. There was an element of risk around inflation but unlike some schemes which had a fixed interest rate, the repayments on the loan were linked to CPI and the rental income would be linked to the increase in the local housing allowance rates.

 

The Director Housing, Planning and Regeneration reported that the properties would be used to discharge the homelessness duty rather than being used for temporary accommodation. They would therefore be let on an assured shorthold basis. A time limit would not be imposed but  ...  view the full minutes text for item 7a

7b

CONTRACT AWARD FOR ESSENTIAL HOUSEHOLD GOODS pdf icon PDF 248 KB

Minutes:

Report HPR2020/053

 

Members considered a report which recommended that the Council awards contracts to establish a new Framework Agreement for the provision of essential household items needed to meet the basic requirements of homeless people leaving temporary accommodation and move into settled accommodation.

 

Further information of a private and confidential nature was contained in the accompanying Part 2 report on the agenda.

 

RESOLVED that the Executive be recommended to:-

 

1)  approve the award of contracts to the Essential Household Goods Framework for the provision of Welfare Fund/Setting Up Home allowance to the providers detailed in the Part Two report, for the purpose of call-off contracts. The Framework will commence on 1 April 2021 for a period of three years with the option to extend for two years;

 

2)  Delegate authority to the Director of Housing, Planning and Regeneration in consultation with the Portfolio Holder for Renewal, Recreation and Housing to apply the extension option, subject to the agreement with the Assistant Director Governance and Contracts, the Director of Corporate Services and the Director of Finance.

 

7c

ADDITIONAL RESTRICTIONS GRANT (ARG) PHASE 2 pdf icon PDF 272 KB

Additional documents:

Minutes:

Report HPR2021/007

 

The Council had received payment of £6,646,720 from the Ministry of Housing, Communities and Local Government (MHCLG) on behalf of the Department for Business, Energy and Industrial Strategy (BEIS). The sum would form the Council’s Additional Restrictions Grant (ARG) which would be used to provide financial support to local businesses through grants and business support functions.

 

The report outlined a Phase 2 proposal for supporting businesses in the borough using the BIDs and libraries as a vehicle for this support.

 

Further information of a private and confidential nature was contained in the accompanying Part 2 report on the agenda.

 

Councillor Benington raised concerns about the amount of money allocated to Bromley Central Library.  Bromley, Orpington, Penge and Beckenham town centres all had successful BIDs which could deliver many services to their members. He requested that some money be distributed to isolated libraries that had room for small businesses i.e. the Crays, Chislehurst, Petts Wood and Biggin Hill libraries.

 

The Town Centres and BID Development Manager reported that consideration was given to libraries best placed to deliver the service based on capacity to accommodate the service, demand for the service and accessibility of each location.

 

Bromley and Orpington had the physical capacity to accommodate the service and both were in locations with good transport links making them accessible to many other parts of the borough.  As these libraries were in Bromley’s largest town centres they would also encourage additional footfall supporting the Council’s priority of vibrant and thriving town centres.

 

Although the business lounge facility would only be offered at Bromley and Orpington libraries, the remaining elements of the ‘Start Up Bromley’ project would be offered throughout all libraries in the borough.

 

Councillor Sharma emphasised the need for assistance  to be given to all businesses not just those within town centres. The Interim Assistant Director of Culture and Regeneration assured him that funding for BIDs was not additional funding. It was to support them through the work that they already carried out to make sure that town centres could reopen safely and efficiently again. The Small Parades Initiative was still being administered.

 

The Town Centres and BID Development Manager gave the following responses to further questions from Members:-

 

·  The Council had worked in conjunction with GLL to ensure that funds were allocated correctly.

·  Two proposals were set out in the report – one supported small independent businesses within BID areas and the other related to providing support to start-up businesses across the borough through the Programme of Support. The one-to-one sessions, showcase events, seminars, the business lounge and business network were being offered through all libraries across the borough and open to all businesses.

 

The Chairman asked if alternative funding could be allocated to provide a facility at Biggin Hill library along similar lines to that offered at Orpington Library. In response, the Interim Assistant Director informed Members that while it may be possible to acquire additional government funding in the future, at the present time no budget was  ...  view the full minutes text for item 7c

7d

ORPINGTON TOWN CENTRE REGENERATION pdf icon PDF 233 KB

Additional documents:

Minutes:

Report HPR2021/009

 

Over the past 8 months, the Regeneration Team had been working with Areli, the developers who acquired the Walnuts shopping centre in Orpington on the concept of a Regeneration Plan for the town centre. This report updated Members on the work and discussions to date.

 

The Chairman advised that contrary to the information given on page 148 of the report, Ward Member comments had been requested and received.

 

Ward Member and Committee Member Councillor Botting reported that all Orpington Ward Councillors strongly supported the scheme. They had been regularly updated by officers and had seen the presentations given by Areli. Town Centres were undergoing fundamental changes and this new scheme would deliver leisure centre facilities including a sports hall, swimming pool and gym. There was support for the relocation of the Saxon Day Centre. The scheme would also deliver affordable shops, restaurants and bars and would support a new town centre population by providing affordable private rented and privately owned housing.

 

Visiting Ward Member Councillor Huntington-Thresher welcomed the proposals. Town Centres would be changing and Orpington needed to continue its designation as major town centre. He emphasised the need for existing businesses to be supported throughout the development process and that they be moved to units that were still located within the town centre itself.

 

The Interim Assistant Director Culture and Regeneration reported that Ward Councillors could not sit on the Board that had been established due to the fact that it was steering proposals around the property transactions and the decisions would be presented to Members as options.

 

RESOLVED that the Executive note the contents of the report and acknowledge that a future report would be presented to the Executive in the next 6 months with an update and any recommendations pursuant to any land transactions.

7e

DIGITAL INFRASTRUCTURE WORK PLAN pdf icon PDF 322 KB

Minutes:

Report DRR20/017

 

In August 2020, Government Ministers called on local authorities to help ensure people had access to better broadband and fast and reliable mobile connectivity and that this was crucial to the UK’s recovery from Coronavirus. The expectation from Central Government was that local authorities would work proactively to secure investment in digital infrastructure within their area.

 

This report set out the local context, providing a work plan for Bromley’s Digital Connectivity.

 

The Renewal Project Manager confirmed that all cabling was placed underground, including in rural areas; this was a re-wiring exercise only.

 

RESOLVED that the Executive be recommended to agree to the Digital Infrastructure Work Plan (DIWP) as the primary document covering the facilitation and development of digital infrastructure in the borough and that the actions within the document be supported.

POLICY DEVELOPMENT AND OTHER ITEMS

8.

TRANSFORMING BROMLEY: APPROACH TO BUILDING HOMES IN BROMLEY UPDATE pdf icon PDF 305 KB

Minutes:

Report HPR2021/008

 

Members were provided with an update on the Council’s housing delivery plans and existing live schemes, following on from the previous report (HPR2020/024).

 

Further information of a private and confidential nature was contained in the accompanying Part 2 report on the agenda.

 

The Interim Head of Regeneration advised that officers would notify and engage with Members as when developments were brought forward.

 

Members noted the report.

9.

RENEWAL, RECREATION AND HOUSING PORTFOLIO DRAFT BUDGET 2021/22 pdf icon PDF 396 KB

Additional documents:

Minutes:

Report FSD21007

 

The Committee considered a report setting out the draft Renewal, Recreation and Housing Portfolio Budget for 2021/22, which incorporated future cost pressures, planned mitigation measures and savings from transformation and other budget options reported to Executive on 13 January 2021. Members were requested to consider the proposed initial draft budget being proposed and also identify any further action that might be taken to reduce cost pressures facing the Council over the next four years.

 

This Committee were requested to consider the proposed initial draft budget savings and cost pressures for their Portfolio. Members’ views would be reported back to the next meeting of the Executive, prior to the Executive making recommendations to Council on 2021/22 Council Tax levels.

 

The Head of Finance reported the growth items, mitigation and transformation savings had been through several rounds of scrutiny and he was confident that the savings could be achieved, although some of the housing savings were dependent on future schemes being agreed.

 

In regard to Anerley Car Park and Bushell Way, the Chairman was informed that construction within the factories had already begun and were well under way. Builders and contractors were set up ready to commence in March 2021.

 

RESOLVED that:-

 

1)  the update on the financial forecast for 2021/22 to 2024/25 be noted;

 

2)  the initial draft Renewal, Recreation and Housing Portfolio budget 2021/22 budget as a basis for setting the 2021/22 budget be noted; and

 

3)  Members’ comments on the initial draft 2021/22 budget be provided to the meeting of the Executive to be held in February 2021.

10.

HOUSING, PLANNING AND REGENERATION RISK REGISTER - QUARTER 3 2020/21 pdf icon PDF 243 KB

Additional documents:

Minutes:

Report DRR20/010

 

Members considered the Housing, Planning and Regeneration Services’ Risk Register which outlined the risks that impact on its ability to deliver its priorities and objectives and the actions taken to control them in line with Audit Sub-Committee recommendations.

 

Members noted the current Housing, Planning and Regeneration Risk Register and the existing controls in place to mitigate the risks.

11.

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

Additional documents:

Minutes:

Report CSD21017

 

The report updated the Members on the Renewal, Recreation and Housing PDS Committee’s work programme for the final meeting of the Municipal Year (March 2021).

 

Members noted the report.

PART 2 (CLOSED) AGENDA

12.

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:

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.

13.

EXEMPT MINUTES OF THE RENEWAL, RECREATION AND HOUSING PDS COMMITTEE HELD ON 16 DECEMBER 2020

Minutes:

RESOLVED that the Exempt Minutes of the meeting held on 16 December 2020 be confirmed and signed as a correct record.

14.

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

14a

TRANSFORMING BROMLEY: APPROACH TO BUILDING HOMES IN BROMLEY UPDATE

Minutes:

Report HPR2021/008

 

The report provided confidential information on the Council’s housing delivery plans and existing live schemes, following on from the previous report (HPR2020/024).

 

Members supported the recommendations in the report.

15.

PRE-DECISION SCRUTINY OF PART 2 (EXEMPT) EXECUTIVE REPORTS

Minutes:

The Committee considered the following reports on the Part 2 agenda for the meeting of the Executive on 10 February 2021:

15a

PROPERTY ACQUISITION SCHEME PROPOSAL

Minutes:

The Committee considered confidential information relating to the Part 1 item on this agenda.

 

Members supported the recommendations in the report.

 

 

15b

CONTRACT AWARD FOR ESSENTIAL HOUSEHOLD GOODS

Minutes:

Report HPR2020/053

 

The Committee considered confidential information relating to the Part 1 item on this agenda.

 

Members supported the recommendations in the report.


 

ANNEX A

 

STATEMENT SUBMITTED BY VISITING MEMBER COUNCILLOR FAWTHROP IN REGARD TO ITEM 6b – PROPOSED NON-IMMEDIATE ARTICLE 4 DIRECTION TO REMOVE PART 1, CLASS B AND C PERMITTED DEVELOPMENT RIGHTS IN PETTS WOOD ASRC

 

Mr Chairman,

 

I just wanted to address you tonight on the amendments moved and supported unanimously at the development Control Committee last week. Can I just start by saying my representations are supported wholeheartedly by both Cllrs Onslow and Owen.

 

The first amendment to introduce a recommendation 2.4 to confirm that the existing A4D will remain in place until the new A4D is in place at which point the existing A4D will be cancelled, should be fairly uncontroversial.

 

In regard to recommendation 2.1 the addition of the words and Conservation Areas (CAs), refers specifically to two CAs “The Chenies and Chislehurst Road CAs”.

 

During the debate at DC I made reference to the Garden Suburb, to clarify the Petts Wood Garden Suburb covers both the Area of Special Residential Character (ASRC) and CAs. In many respects they are indistinguishable, apart from their planning status.

 

To put this in context there is work being undertaken to enhance parts of the ASRC to expand the Chislehurst Road CA, and to create two new CAs one called the Thrifts and another called The Covert. It would be inconsistent if these CAs had an A4D in place but other CAs did not.

 

The whole point about the Petts Wood Garden Suburb being intertwined, is that the policy application should be consistent across the Garden Suburb, whether that is an ASRC or a CA.

 

The whole point of the A4D is to ensure protection against uncontrolled development applies equally across the ASRC and by definition as that is part of the Garden Suburb it should also apply to the CAs. The aim is to protect the openness and Character of the ASRC and CA. Every point made in this paper that refers to the ASRC also by definition refers to CAs as they are both synonymous with the Petts Wood Garden Suburb. Siamese twins if you like joined at the hips.

 

Part of that openness is the ability to see the mature trees in the gardens across the areas. The current hipped roof enhances that feel of openness and tranquillity of the garden part of the garden suburb being visible from the street. As was mentioned in the debate the view from the street scene has been threatened by roof lights and extension set 6 inches back from the front roof.  Consequently there has been a proliferation of sheds on side roofs, deteriorating the character and nature of the Garden Suburb. We also expect to see a consistency of materials, so pink. White or grey roof tiles would be out of keeping for example.

 

As a general rule the openness and character of the area is defined  ...  view the full minutes text for item 15b

 

Original Text: