Agenda and minutes

There were no apologies for absence.

There were no declarations of interest.

In accordance with the Council’s Constitution, questions at special meetings are restricted to reports on the agenda and must be received by the Democratic Services Team within two working days of the normal publication date of the agenda - by 5pm on Thursday 10 December 2020. Written replies will be provided.

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

No questions were received.

Portfolio Holder decisions for pre-decision scrutiny.

Report HPR2020/049

Members considered a request for an exemption to vary the value of a contract awarded to Stirling Maynard to undertake a Hydrological Study and Strategy at Crystal Palace Park.

Stirling Maynard had identified a number of knowledge gaps and made numerous recommendations for further work. An additional £60,000 may be available from Historic England to fund the high priority items.

An exemption was requested to vary this below threshold contract by £90,000, increasing the value from £57,250 to a potential £147,250 (which included Historic England’s original £30,000 additional surveys budget).

The Chairman was pleased to note that the proposed variation involved no further cost to the Council.

RESOLVED that the Portfolio Holder be recommended to authorise an exemption to vary the contract value by £90,000.

Report HPR2020/040

Members considered whether 15 non-immediate Article 4 Directions should be made to withdraw permitted development rights (PDRs) which allowed blocks of flats to be extended upwards by up to two storeys to provide new residential units. The Directions would apply to the 13 Areas of Special Residential Character shown in the Bromley Local Plan (January 2019) and to two discrete areas which fell within local views. The Directions would come into force 12 months from the date the Directions were made, subject to confirmation by the Renewal, Recreation and Housing Portfolio Holder.

Councillor Michael, Chairman of the Development Control Committee (DCC), confirmed that this report had been considered at the DCC meeting held on 19 November 2020.  At that meeting, Members recommended one immediate Direction be put in place to remove PD rights in the Petts Wood ASRC for single dwelling houses and one non-immediate Direction for flats in the ASRC.  As Conservation Areas were automatically protected from upward extensions but ASRCs were not, it was only right, that the proposed Article 4 Directions be made.

The Head of Planning Policy and Strategy confirmed that while the Secretary of State could cancel a Direction at any point, this was very rarely done. However, the Government currently envisaged a large housing supply coming forward through PD rights.

The Chairman referred to the tall buildings located towards the top of Ravensbourne Valley which, if extended, would interfere with the skyline. He moved (and Members agreed) that in order to protect the current view, a report be submitted to the next meeting of the DCC recommending that an Article 4 Direction for that particular area of Ravensbourne Valley be included on the list of Article 4 Directions.

RESOLVED that a report be submitted to the next meeting of the DCC recommending that an Article 4 Direction for the top end of Ravensbourne Valley be included on the list of Article 4 Directions.

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

1)  One immediate Article 4 Direction to remove Part 1, Class AA PD rights in the Petts Wood ASRC;

2)  One non-immediate Article 4 Direction to remove Part 20, Class A; Class AA; Part 20, Class AB; Part 20, Class AC; and Part 20, Class AD PD rights in the Petts Wood ASRC; and

3)  14 non-immediate Article Directions to remove the following PD rights in all ASRCs (except Petts Wood) and the two local views specified in paragraphs 3.31 and 3.32 of the report:-

·  Part 1, Class AA

·  Part 20, Class A

·  Part 20, Class AA

·  Part 20, Class AB

·  Part 20, Class AC

·  Part 20, Class AD

REPORT HPR2020/041

Members considered the making of 20 non-immediate Article 4 Directions to

withdraw the permitted development (PD) right for demolition of purpose-built detached buildings used for offices (B1a office, B1b research and B1c light industrial) together with their replacement with a single detached block of flats or a single dwelling house. The Directions would apply to the three Business Improvement Areas (BIA) in Bromley Town Centre; the majority of Strategic Industrial Locations (SIL) and Locally Significant Industrial Sites (LSIS); and all three Office Clusters, all as shown in the Bromley Local Plan (January 2019). The Directions would come into force at least 12 months after being made, subject to confirmation by the Renewal, Recreation and Housing Portfolio Holder after taking account of representations received.

Councillor Michael reported it was the Council’s duty to protect light industrial spaces from conversion. More people were now working from home but space was still required in order for businesses to thrive and earn money.  While Article 4 Directions would not stop conversions from going ahead, developers would need to submit planning applications prior to doing so. The requirement to submit planning applications would lead to higher quality developments being proposed.

The Head of Planning Policy and Strategy agreed to check whether the business park in Biggin Hill and related developments on the land adjacent to it were subject to Article 4 Directions.

Councillor Morgan reported that Article 4 Directions would only cover the conversion of buildings; the change of use for land and/or business would require the submission of a planning application.

RESOLVED that the Portfolio Holder be recommended to authorise the making of 20 non-immediate Article 4 Directions subsequent to a public consultation period of 6 weeks, to withdraw the permitted development right granted by the Town and Country Planning General Permitted Development) (England) Order 2015 (as amended) (“the GPDO”), Schedule 2, Part 20, Class ZA, which permits a single detached building comprising uses falling within Class B1(a) (office), Class B1b (research) or Class B1c (light industrial) to be demolished and replaced with a residential (Use Class C3) use.

The Committee considered the following reports on the Part 1 agenda due for decision by the Leader in January 2021:-:

Members were requested to consider a direct award for Stage 2 works - the Design and Build of 25 homes on Burnt Ash Lane, off of Brindley Way, Bromley, to ZEDPods (as originally tendered for).  The report outlined how the project would be delivered in the timescales developed and within the existing budget.

The report also outlined the approach to appropriating the site into the Housing Revenue Account.

Further information of a confidential nature, was considered in the Part 2 section of the agenda (Item 10a).

The Chairman confirmed that this was a simple transfer from contractor to sub-contractor and would have no financial impact on the Council. The contract itself would not change.

RESOLVED that the Leader be recommended to:-

1.  approve a compliant award of contract to ZEDPods using the London Housing Consortium New Homes 2 (LHC NH2) Framework for a design and build of housing at the site, at an estimated value of c. £3,583k, as set out in the report; and

2.  note that the valuation of the site for appropriation to the Housing Revenue Account is £900k.

Report HPR2020/051

The report concerned the appropriation of land at Anerley Town Hall Overflow car park and Bushell Way following the planning permission granted for the sites in December 2020. The projects were now moving from the planning phase into the delivery phase including dealing with overriding of easements and rights in land.

This matter was considered in conjunction with the Part 2 – Exempt report on the agenda which contained confidential information relating to an individual.

The Chairman noted that the project was moving on to the next stage of delivery.

Referring to paragraph 6.3 on page 8 of the report, Councillor Sharma indicated that gardens did not enjoy the right to light; it was therefore not necessary to consider this aspect.

RESOLVED that the Leader be recommended to:-

1)  exercise the Council’s powers of appropriation pursuant to section 226 of the Town & Country Planning Act 1990;

2)  endorse the Council’s intention to appropriate the relevant land for planning purposes in order to engage section 203 of the Housing and Planning Act 2016 to override any easements and other rights to enable the Council to carry out the developments at Anerley Town Hall Overflow car park and Bushell Way;

3)  give delegated authority to the Director of Renewal, Recreation and Housing in consultation with the Portfolio Holder for Renewal, Recreation and Housing and the Director of Corporate Services to approach any affected parties to agree statutory compensation and ensure that all appropriate legal documents are completed; and

4)  notes that the valuations of the sites for appropriation to the Housing Revenue Account are £470k for Anerley Town Hall car park and £1,350k for Bushell Way.

Report HPR2020/048

Members were requested to consider the award of a lease in principle for one of the bids received following a marketing exercise for proposals for the future use of the Concert Platform in Crystal Palace Park.

This report was considered in conjunction with the Part 2 – Exempt report on the agenda which contained confidential information in relation to the bidder.

Visiting Ward Member Councillor Wilkins supported the recommendations as recorded in Minute 49a of these Minutes.

Following concerns around risk in terms of the upgrade should the events proposals fall through, the Programme Manager, Regeneration reported that this would be minimal. The Platform currently served no function so anything the operator brought to fruition would be a bonus.

Councillor Michael asked why the Platform did not prove viable as a commercial venue back in 1996. The Programme Manager explained that the Council did not have sufficiently trained staff with the necessary skills to run the operation and seasonal concerts proved difficult due to ever changing weather conditions.  Outdoor events had evolved significantly over the last 20 years and the current proposals were now deemed viable. 

The contract would aim to hold a family event summer month music festival for five years. Events at the Platform may also include cinema and sports screening, health and wellbeing forums and plays would also take place on the Platform. The new operator would be responsible for controlling access to/egress from these events which would need to conform with health and safety standards.

RESOLVED that the Leader be recommended to award a lease in principle to one of the bids received.

Report HPR2020/047

The report provided an update on the development of the Crystal Palace Park Trust, setting out how the Trust would obtain seed funding through events in Crystal Palace Park. It also requested Members to consider waiving the hire fee for the use of the park for events by the allocation of a grant.

Visiting Ward Member Councillor Wilkins supported the recommendations as recorded in Minute 49a of these Minutes.

The Programme Manager, Regeneration confirmed that the length of the events contracts was a maximum of six years, during which time the hire fee of £50,000 and £20,000 would be paid back to the Trust per annum.

Members were assured that robust management plans were in place to ensure public safety and protection of the park during events. Discussions had taken place with both Public Protection and Environment departments.  The Trust also had a good relationship with Network Rail in matters relating to public transport.

RESOLVED that the Leader be recommended to:-

1)  authorise a grant mechanism within the Festival Republic event permit that allows the hire fee of £50,000 to be paid to the Trust per annum for up to six years in accordance with the grant terms set out in paras. 4.4;

2)  authorise a grant mechanism within the Winterstow Ltd. event permit that allows the hire fee of £20,000 to be paid to the Trust per annum for five years in accordance with the grant terms set out in paras. 4.4; and

3)  delegate authority to the Chief Officer (Director of Housing, Planning and Regeneration) in consultation with the Director of Environment and Public Protection, and the Portfolio Holder of Renewal, Recreation and Housing, to make decisions on the inclusion of grant mechanisms in further event permits between the Council and the Crystal Palace Park Trust or associated bodies, including its trading subsidiary, Crystal Palace Park Events Limited (CPPEL).

Report HPR2020/046

Officers were currently preparing for a phased handover of responsibility for Crystal Palace Park. It was anticipated that this would begin with a transfer of management, maintenance and events from April 2022 (for which a separate report would be brought forward in Summer 2021).

Members were therefore requested to consider the drawdown of £40,000 from the Central Contingency for specialist legal resources to establish the trust governance model for Crystal Palace Park.

Visiting Ward Member Councillor Wilkins emphasised the uniqueness of the park and how well-loved it was by the local community. The park should be acknowledged as a ‘jewel in Bromley’s crown’. The Crystal Palace Park Trust was remarkable as were the individuals involved with it. Councillor Wilkins paid tribute to all officers for the valiant work they had undertaken to bring this project to fruition and thanked the Trust for securing the entertainment contracts for the park. She was confident that a great future for the park would be delivered.

Councillor Wilkins assured Members that members of the Trust were professional people with backgrounds in heritage, finance and local government.  She was confident that current members and replacement members would continue to deliver at a very high standard.

The Programme Manager reported that no other boroughs contributed to the funding of the scheme.  The café rental was ringfenced by the Council for the park. It was intended that the overriding lease would belong to the Trust so they would be responsible for deciding how the funds were spent.

Proper controls would be put in place to ensure the Trust carried out the expected responsibilities. Should they fail to perform, the Council would re-inherit the park.

While contracts could not be set in advance to deal with such unique situations such as the Covid-19 crisis, caveats could be included. These proposals were only part of the regeneration plan for the park so was not wholly reliant upon the proposed events element.

RESOLVED that the Executive be recommended to approve the drawdown of £40,000 from the Central Contingency for specialist legal resources to establish the trust governance model for Crystal Palace Park. 

Report HPR2020/052

This report provided an overview of the work undertaken by the Housing Department in response to the COVID-19 Pandemic.

The Assistant Director, Housing reported that during the recent rough sleeper headcount, only one person was found to be sleeping rough on Bromley’s streets. This person was known to the Council and many attempts had been made to engage with the person and provide accommodation. The work undertaken had allowed officers to reach entrenched rough sleepers and provide emergency accommodation for over 90 households that were at risk of rough sleeping. Far more work had been carried out in conjunction with local faith groups and charities. Referral mechanisms had improved, networks had been established with hotels and support packages improved. A number of grants had been accessed to assist people into long-term housing.

Councillor Sharma congratulated officers for their tireless efforts and for doing such an amazing job.

Members were informed by the Assistant Director that there was a greater demand for single people. Further accommodation was being secured via housing association properties which would provide around 50 units for people on the housing register. New schemes were also coming to fruition via private sector landlords. Clarion Housing had been very forthcoming and had ceased transfers for a short time during the crisis and diverted those properties to the Council to allocate to households in need.

In response to a question from Councillor Cuthbert, the Assistant Director stated that due diligence had been undertaken on each of the 50 properties being acquired from the housing association. This included checks on safety certificates, room sizes, legal implications and fire safety. These were good quality homes originally intended for sale on the open market.

Councillor Botting thanked the Director of Housing and the Assistant Director for the work undertaken on the Orpington project.

The Assistant Director reported that a number of people brought in were as a result of relationship breakdowns or having to leave their homes. She confirmed that everyone brought in had to have an association with the borough which led to some people being reconnected with other boroughs.

Virtual visits were made via telephone calls and emails to check on the progress of individuals. While some personal visits had been undertaken, these had been sparing. Clients had been given essential goods. Officers had been very proactive with everyone who needed support.

In relation to the 1740 households in temporary accommodation, Councillor Bennington asked how many individuals this incorporated and of that number how many were children of school age. The Assistant Director, Housing agreed to follow this up and refer back to Members.

RESOLVED that the report be noted.

Report HPR2020/045

The report set out the direction for post-COVID recovery outlined in the GLL recovery strategy. This was underpinned by the continued commitment

to the modernisation of the Library Service including the provision of increased resources and online services and renewed library buildings.

Following two periods of mandated closure due to COVID-19, GLL now wanted to restore opening hours to the pre-COVID total of 528.5 hours per week. GLL had put forward a proposal for a temporary variation of opening hours to the total of 528.5 hours which was deemed to better fit local need as part of recovery.

In regard to operational hours at Orpington Library, Councillor Botting reported that the Priory Reading Group met on Monday evenings from 18:30-19:30. The Group was concerned at the proposed closure time of 19:00 on which they had not been consulted. Half of the members were still in employment with a membership age ranging between 30-80 years. The Principal Client, Libraries reported that all reading groups had been able to meet on line since March 2020. The proposed closing time was for a temporary period and would be reviewed after six months.

Biggin Hill library was the only one open on Sunday mornings due to the fact that it was a shared facility. Sunday morning opening was trialled in Central Library a few years ago but footfall proved very low so it did not continue.

The Chairman was pleased to note that the use of libraries and the number of book borrowing had increased. Councillor Michael raised a concern around the proposed loss of 2½ operational hours per week at Beckenham Library as it was one of the largest libraries in the Borough. Ms Gediking (GLL) explained that the aim was to standardise the operating hours of all libraries.  Extra hours had been added to Penge Library to enable residents to pay their Council Tax. It therefore made sense to share operational hours between Penge and Beckenham.

Ms Gediking confirmed to Councillor King that the maintenance suggestions sent to the Portfolio Holder were feasible and welcomed.

It was also confirmed that now the Borough had entered into Tier 3 of lockdown, there would be no change to the service currently provided which included browsing, pc usage; book borrowing and issuing.

The Portfolio Holder congratulated GLL on the work undertaken to keep services operational.  He also reported that Bromley had been named the second best borough in London in regard to the number of books issued.

Ms Gediking reported that the temporary reduction in operational hours was introduced to enable management of staff and to provide cover during the Covid-19 crisis.

Councillor Stevens commended GLL for their creativity in handling the present situation. He asked what assistance was being given to people who were currently unemployed.  Mrs Edmonds (GLL) stated there was likely to be an increase in unemployed people post-Covid so the aim was to establish how libraries could provide support for those who were seeking work or wanting to  ...  view the full minutes text for item 51.

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.

The Committee considered the following reports on the Part 2 agenda for the meeting of the Executive on 18^th September 2019:

Members considered further information of a confidential nature in relation to the Part 1 report (Item 5a) which sought approval for a direct award for Stage 2 works - the Design and Build of 25 homes on Burnt Ash Lane, off of Brindley Way, Bromley, to ZEDPods (as originally tendered for).  The report outlined how the project would be delivered in the timescales developed and within the existing budget.

The report also outlined the approach to appropriating the site into the Housing Revenue Account.

There were no further comments from Members.

Members supported the recommendations made to the Leader.

Report HPR2020/048

Members were requested to consider the award of a lease in principle for one of the bids received following a marketing exercise for proposals for the future use of the Concert Platform in Crystal Palace Park.

This report was considered in conjunction with the Part 1 report on the agenda.

There were no further comments from Members.

RESOLVED to support the recommendations made to the Leader.

Report HPR2020/051

The report concerned the appropriation of land at Anerley Town Hall Overflow car park and Bushell Way following the planning permission granted for the sites in December 2020. The projects were now moving from the planning phase into the delivery phase including dealing with overriding of easements and rights in land.

This matter was considered in conjunction with the Part 1 report on the agenda (Item 5b).

There were no further comments from Members.

RESOLVED to support the recommendations made to the Leader.