Agenda and minutes

Venue: Bromley Civic Centre

Contact: Graham Walton  020 8461 7743

Items
No. Item

360.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Cllr William Huntington-Thresher, who joined the meeting online. Councillors Christopher Marlow, Tony Owen and Angela Wilkins also joined the meeting online.

361.

DECLARATIONS OF INTEREST

Minutes:

There were no declarations of interest.

362.

QUESTIONS pdf icon PDF 443 KB

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 - by 5pm on 26 January 2022.  

 

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 on reports on the agenda are received by the Democratic Services Team by 5pm on Thursday 3 February 2022.

Minutes:

Nine questions had been received for written reply – the questions and replies are attached as Appendix A to these minutes.

363.

TO CONFIRM THE MINUTES OF THE MEETINGS HELD ON 12 JANUARY AND 27 JANUARY 2022

Minutes:

RESOLVED that the minutes of the meeting held on 12th January 2022 be confirmed.

364.

2022/23 COUNCIL TAX pdf icon PDF 623 KB

Minutes:

Report FSD22019

 

A key part of the Council’s financial strategy was to highlight the budget issues that need to be addressed by the Council over the coming financial years, by forecasting the level of available resources from all sources and budget pressures relating to revenue spending. Details of the capital programme were reported elsewhere on the agenda.

 

The Provisional Local Government Finance Settlement 2022/23, which covered 2022/23 only, provided the third year (following ten years of austerity) of real increases in funding and this included availability of the Adult Social Care (ASC) precept to support cost pressures in social care. It also provided funding towards the cost of the Adult Social Care Reforms over the next three years. There was no specific Covid funding provided.

 

Although the settlement was to be welcomed there remained uncertainty around the level of Government funding for 2023/24 and beyond, particularly as the Government would need to address the significant increase in public debt due to the pandemic. The longer-term Spending Review together with the awaited Fair Funding Review and Devolution of Business Rates (or any revised funding proposals) had been deferred until at least 2023/24.

 

The report identified the final issues affecting the 2022/23 revenue budget and sought recommendations to the Council on the level of the Bromley element of the 2022/23 Council Tax and Adult Social Care precept. Confirmation of the final GLA precept would be reported to the Council meeting on 28th February 2022. The report also sought final approval of the ‘schools budget’. The approach reflected in the report was for the Council to not only achieve a legal and financially balanced budget in 2022/23 but to have measures in place to deal with the medium-term financial position (2023/24 to 2025/26).

 

With the Government reductions in funding since austerity measures began,

although there had been some recent improvements in funding, the burden of financing increasing service demands fell primarily on the level of council tax and share of business rate income. The financial forecast assumed that the level of core grant funding would remain unchanged in future years.

 

The report had been scrutinised by the Executive, Resources and Contracts PDS Committee at its meeting on 7th February 2022 and the Committee had supported the proposals.

 

RESOLVED that

 

2.1  Council is recommended to -

(a)  Approve the schools budget of £92.411m which matches the estimated level of Dedicated Schools Grant (DSG) after academy recoupment;

 

(b)  Approve the draft revenue budgets (as in Appendix 2 to the report) for 2022/23;

 

(c)  Agree that Chief Officers identify alternative savings/mitigation within their departmental budgets where it is not possible to realise any savings/mitigation reported to the previous meeting of the Executive held on 12th January 2022;

 

(d)  Approve a revised Central Contingency sum of £18,231k (see Section 6, Recommendation 7 and Recommendation 2.1e of the report);

 

(e)  Approve the following provisions for levies for inclusion in the budget for 2022/23:

 

 

£’000

London Pensions Fund Authority

448

London Boroughs Grant Committee

247

Environment Agency  ...  view the full minutes text for item 364.

365.

CAPITAL PROGRAMME MONITORING Q3 2021/2021 AND CAPITAL STRATEGY 2022 TO 26 pdf icon PDF 343 KB

Additional documents:

Minutes:

Report FSD22015

 

The report updated the Executive on the Council’s Capital Strategy. It also summarised the current position on capital expenditure and receipts following the third quarter of 2021/22 and presented for approval the new capital schemes in the annual capital review process. The Executive was asked to consider the updated Capital Strategy and approve a revised Capital Programme. 

 

A supplementary note was circulated providing an update on the proposed changes to the Health and Wellbeing Centre capital scheme, including revised versions of paragraphs 3.3 and 3.22 and appendices A and C to the report.

 

The report had been scrutinised by the Executive, Resources and Contracts PDS Committee at its meeting on 7th February 2022 and the Committee had supported the proposals.

 

RESOLVED that

 

(1) The report be noted, including a total re-phasing of £849k from 2021/22 into future years, and the revised capital programme be agreed.

 

(2) Council be recommended to agree the inclusion of the new scheme proposals in the Capital Programme (paragraphs 3.15 to 3.22 in the report.)

366.

OPERATIONAL BUILDING MAINTENANCE BUDGETS AND PLANNED PROGRAMME 2022/23 pdf icon PDF 246 KB

Minutes:

Report HPR2022/007

 

The Executive considered the initial Draft 2022/23 Budget at the meeting on 12th January 2022 and elsewhere on this agenda were asked to approve the final draft budget and capital programme proposals to recommend to Council.  This report set out indicative budget allocations reflected in the Draft 2022/23 Budget report for operational building maintenance against the three sources of funding: the repairs and maintenance budget, the Building Investment Fund and the earmarked reserve for Infrastructure Investment.

This report all provided a brief update on the Operational Property Review and sought approval to draw down from the Growth Fund for a Programme Manager to support feasibility work.

The report had been scrutinised by the Executive, Resources and Contracts PDS Committee at its meeting on 7th February 2022 and the Committee had supported the proposals.

 

RESOLVED that

 

(1) Noting the proposals set out in the Draft 2022/23 Budget report and subject to Council agreeing the budget, the following expenditure for operational building maintenance for 2022/23 is approved:

·  Repairs and maintenance - £2.314m

·  Earmarked reserve for Infrastructure Investment for essential and statutory works - £1m

(2) Provision of £2m in 2022/23 and £2m in 2023/24 to a Building Investment Fund be noted, as included in the Draft 2022/23 Budget report

(3) As included in the Capital Strategy 2022 to 2026 report, the new Capital Programme for Operational Estate Maintenance totalling £20.257m, phased over the next three financial years, be noted as set out in paragraph 3.7 of the report.

(4) Authority be delegated to the Director of Housing,  Planning, Property and Regeneration to vary the programmes and budget allocations where such action is considered necessary to either protect the Council’s assets or make the most effective use of resources.

(5) The request for £65k to be drawn down from the Growth Fund earmarked reserve for the appointment of a Programme Manager to support the delivery of the next phase of the Operational Property Review be approved.

367.

HOUSE BUILDING PROGRAMME pdf icon PDF 238 KB

Minutes:

Report HPR2022/005

 

The report summarised progress made to date in relation to the house building programme and set out potential scope of future delivery and estimated cost.

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 26th January 2022 and the Committee had supported the proposals.

 

RESOLVED that the contents of the report be noted, namely the progress made to date and the challenges in relation to future delivery.

 

368.

AFFORDABLE HOUSING PROGRAMME (AHP) 21-26 GRANT AGREEMENTS pdf icon PDF 218 KB

Minutes:

Report HPR2022/006

 

The Council had been allocated £37,959k grant funding as part of the Greater London authority (GLA) Affordable Homes Programme 2021-2026. The report sought approval to enter into the Affordable Homes Programme 2021-2026 Grant Agreement with the GLA.

 

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 26th January 2022 and the Committee had supported the proposals.

 

RESOLVED that

 

(1) The application and award for GLA grant funding under the Affordable Homes Programme 2021-2026 for sites to be developed as identified in the report be noted.

(2) The grant offer and to enter into the Affordable Housing Programme 2021-2026 Grant Agreement with the GLA for those sites be agreed.

 

(3) Authority be delegated to the Director of Housing, Planning and Regeneration in consultation with the Director of Finance to agree any changes to the Approved Grant as considered necessary in the interests of the Council.

 

(4) Where the Council applies for further GLA grant in relation to funding for a future indicative scheme(s) under the Affordable Housing Programme 2021-2026 Grant Agreement, authority be delegated to the Director of Housing, Planning and Regeneration in consultation with the Director of Finance to add that indicative scheme(s) as an Additional Project(s) as may be provided for within the terms of the Grant Agreement.

369.

MEADOWSHIP HOMES - UPDATE AND CHANGE TO THE ACQUSITION CRITERIA pdf icon PDF 231 KB

Minutes:

Report FSD22014

 

The report provided an update on the Meadowship Homes joint venture with Orchard and Shipman for the acquisition of residential properties for affordable housing, and requested a change to the acquisition criteria.

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 26th January 2022 and the Committee had supported the proposals.

 

RESOLVED that

 

(1) The progress of the scheme to date be noted.

(2)  The recommendation of the Meadowship Homes LLP Board to vary the portfolio split within the Acquisition Criteria as set out in paragraph 4.6 of the report be agreed.

(3) Authority be delegated to the Director of Housing, Planning and Regeneration in consultation with the Portfolio Holder for Renewal, Recreation and Housing to vary the portfolio split set out in the Acquisition Criteria by up to 10% if required to address further changes in market conditions.

370.

ORPINGTON TOWN CENTRE SUPPLEMENTARY PLANNING DOCUMENT (SPD) - CONSULTATION DRAFT pdf icon PDF 234 KB

Orpington ward

Additional documents:

Minutes:

Report HPR2021/067

 

The report recommended that the revised Orpington Town Centre Supplementary Planning Document (SPD) was published for public consultation. The SPD provided guidance to assist with the determination of planning applications in the Orpington Town Centre area, including guidance on design requirements.

Councillor Tony Owen, ward member for Petts Wood and Knoll, informed the Executive that he was concerned about paragraph 5.22 and the map at page 28 of the document, which seemed to imply that houses would be knocked down to provide new alleyways.

The report had been considered by Development Control Committee at its meeting on 11th January 2022 and scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 26th January 2022. Both Committees had supported the proposals, but recommended that the consultation period be extended from six to twelve weeks. Officers reported that the consultation would formally begin towards the end of the month, or in early March.

 

RESOLVED that

(1) The draft Orpington Town Centre Supplementary Planning Document (Appendix 1 to the report) be approved for twelve weeks public consultation.

(2) That authority be delegated to the Director of Housing, Planning, Property and Regeneration, in consultation with the Portfolio Holder for Renewal, Recreation and Housing, to approve any further minor changes to the draft Orpington Town Centre Supplementary Planning Document (shown at Appendix 1) ahead of public consultation.

371.

UPDATE OF THE PLANNING OBLIGATIONS SUPPLEMENTARY PLANNING DOCUMENT - CONSULTATION DRAFT pdf icon PDF 253 KB

Additional documents:

Minutes:

Report HPR2021/066

 

The report recommended that the revised Planning Obligations Supplementary Planning Document (SPD) be published for six weeks public consultation. The SPD was an update of the current SPD which was adopted in 2010. The update was necessary to reflect changes following the adoption of the Bromley Community Infrastructure Levy (CIL) and changes to national, regional and local planning policy since 2010.

 

The report had been considered by Development Control Committee at its meeting on 11th January 2022 and scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 26th January 2022. Both Committees had supported the proposals,

 

RESOLVED that

 

(1) The draft Planning Obligations Supplementary Planning Document (Appendix 1 to the report ) be approved for six weeks public consultation.

 

(2) That authority be delegated to the Director of Housing, Planning, Property and Regeneration, in consultation with the Portfolio Holder for Renewal, Recreation and Housing, to approve any further minor changes to the draft Planning Obligations Supplementary Planning Document (Appendix 1 to the report) ahead of public consultation.

372.

PROCEEDING TO PROCUREMENT - ACCOMMODATION AND TENANCY SUSTAINMENT SERVICE FOR YOUNG PEOPLE pdf icon PDF 345 KB

Minutes:

Report HPR2022/004

 

The Council has held a contract since 2016 with DePaul UK Ltd to provide an Accommodation and Tenancy Sustainment Service for young people who were homeless or threatened with homelessness, including Care Leavers engaged with the authority. This contract was originally due to expire in September 2021, however due to the Pandemic a further one year extension was granted and therefore the contract would now expire in September 2022.

The report set out a summary of performance and outcomes delivered by DePaul UK Ltd over the contract period and the procurement strategy for the future Accommodation and Tenancy Sustainment Service for Young People.

 

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 26th January 2022 and the Committee had supported the proposals.

 

RESOLVED that

 

(1) Proceeding to a competitive tender be approved, via a two-stage restricted tender process, for the provision of an Accommodation, Tenancy Sustainment and Support Service for young people for a contract period of five years with an option to extend for 2 periods of 2 years. 

(2) It is noted that the proposed contract is estimated at an annual value of £428,400; the initial five-year contract start date will be 8th September 2022 with an end date of 7th September 2027 at a cost of £2,142,000; the cost of two periods of two years is £1,713,600, with an estimated whole life value of £3,855,600.

373.

PROCEED TO PROCUREMENT REPORT - THE ADVOCACY SERVICES CONTRACT pdf icon PDF 451 KB

Minutes:

Report ACH22-001

 

The Advocacy Service contract expired on 31 March 2023 and there was no further option to extend this contract, which was in its final extension period. The contract had been awarded to Advocacy for All following a competitive tender and commenced on 1 April 2018 for a period of three years with the option to extend up to a further two years on a one year plus one year basis. 

 

This report sought approval to commence the procurement of a new Advocacy Service to ensure the Council met its statutory duty in providing an Advocacy Services under the Care Act 2014 and Care and Support Advocacy Service Regulations 2014.

 

The report had been scrutinised by the Adult Care and Health PDS Committee at its meeting on 27th January 2022. The Committee had proposed that the recommendations be amended to require a further report to be submitted  outlining the engagement undertaken with the market, details of the specification, and the KPI service user consultation for the contract.

 

RESOLVED that

(1) The commencement of a procurement process for a new Advocacy Service be approved; the new contract will commence on 1 April 2023 for a period of 5 years (31 March 2028) with the option to extend for up to a further two years (31 March 2030) at an estimated annual value of £321,900 and whole life value of £2,253,300.

(2) As recommended by Adult Care and Health PDS Committee, a further report be presented outlining the engagement undertaken with the market, details of the specification, and the KPI service user consultation for the contract.

374.

CRYSTAL PALACE SUBWAY AWARD OF WORKS CONTRACT pdf icon PDF 343 KB

Crystal Palace ward

Minutes:

Report HPR2022/015

 

The report set out proposals for the award of the main construction contract for the Crystal Palace subway restoration works. The outcome of the compliant two stage Restricted Tender and Negotiated Procurement process was outlined in a part 2 report.

 

Councillor Angela Wilkins, ward member for Crystal Palace, confirmed that she was fully in support of the proposals.

 

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 26th January 2022 and the Committee had supported the proposals.

 

RESOLVED that

 

(1) Authority be delegated to the Director of Housing, Planning and Regeneration in consultation with the Portfolio Holder for Renewal, Recreation & Housing and the Director of Finance, to approve the acceptance of any additional grants required to deliver this scheme to completion, namely any further grants that come forward from the National Lottery Heritage fund and/or Historic England.

 

(2) Authority be delegated to the Director of Housing, Planning and Regeneration in consultation with the Portfolio Holder for Renewal, Recreation & Housing and the Director of Finance, to approve increasing the Capital Programme for the Subway Restoration Project up to a maximum of £3.597m, to enable the completion of the full restoration scheme, subject to securing additional grant funding, noting that if additional grant funding is not secured, the addition to the Capital Programme will not be required.

(3) Authority be delegated to the Director of Housing, Planning and Regeneration and the Director of Corporate Services and Governance to agree the commercial heads of terms for a legal agreement proposed to be entered into between the Council and the London Borough of Southwark, outlining the Council’s future maintenance and management responsibilities for the Subway upon practical completion of the works.

 

(4) Authority be delegated to the Director of Corporate Services and Governance to execute all and any ancillary legal documentation relating to the proposed legal agreement referred in (3) above.

 

(5) Authority be delegated to the Director of Housing, Planning and Regeneration and the Director of Corporate Services and Governance, to agree the commercial heads of terms for a works licence with the London Borough of Southwark, and the construction contractor, to enable the undertaking of the restoration works.

 

(6) Authority be delegated to the Director of Corporate Services and Governance to execute all and any ancillary legal documentation relating to the proposed works licence referred to in (5) above.

 

(7) Further resolutions in relation the award of the works contract are set out in the part 2 minutes.

375.

ACCELERATED DEVELOPMENT OF A NEW HEALTH AND WELLBEING CENTRE AT THE CIVIC CENTRE AS PART OF A WIDER MIXED-USE DEVELOPMENT pdf icon PDF 343 KB

Bromley Town ward

Additional documents:

Minutes:

In October 2021 the Executive had considered a proposal to develop a new Health and Wellbeing Centre with the Clinical Commissioning Group (CCG) on the site of the former Adventure Kingdom building and the Great Hall at the Civic Centre. A key requirement for the CCG was that the new facility was ready for use by Spring 2024 due to funding pressures from the Department of Health and HM Treasury.

 

Subsequent to this, additional work had been undertaken and it had been identified that in order to achieve the CCG’s requirements an accelerated programme was required which would incur additional cost an earlier stage to that originally envisaged. These costs were set out in paragraph 3.13 of the report.

 

This expenditure enabled the detailed feasibility, design, planning and construction delivery planning to be progressed at pace and without delay. As a result of which there was a need to formally request the cost of the scheme including costs recoverable from the CCG be formally included within the Capital Programme so that identified sums within the report could be drawn down to facilitate the appointment of the various consultants and work required.

 

Furthermore, this would demonstrate the Council’s commitment to HM Treasury and NHS England that it intended to proceed and could deliver the proposed development in a timely manner. The recommendations contained within the report sought to provide this comfort.

 

The report had been scrutinised by the Executive, Resources and Contracts PDS Committee at its meeting on 7th February 2022 and the Committee had supported the proposals, subject to requesting regular reports to the PDS Committee on progress. The Leader added that regular reports would be needed for the Executive.

 

RESOLVED that

 

(1) The proposals be agreed and incorporated into the forthcoming Capital Programme at an estimated additional total cost of £25m including the CCG’s estimated 25% share, together with non-recoverable VAT.

 

(2) Following approval on 20th October 2021 to proceed to procurement, drawdown be authorised of up to £2m from the Capital Programme to fund the various professional services required to progress the scheme through the initial stages (set out in paragraph 3.1 of the report); it is noted that this is in addition to £0.5m previously agreed in October 2021 and also it is also noted that the CCG will initially underwrite 50% of this total cost.   

 

(3) The drawdown of up an additional £1.5m including non-recoverable VAT be authorised from the Capital Programme to fund surveys and other project costs including LBB internal costs (£3.5m running total – see (2)); estimated inclusive cost as in (1); the CCG will initially underwrite 50% of this cost.

 

(4) Proceeding to procurement be authorised via a compliant route for a works contract to demolish the Great Hall and Adventure Kingdom and prepare the site with enabling works subject to receipt of detailed planning consent at an estimated contract value of £650,000 (£4.15m running total – see (2)) from the Capital Programme; the CCG will be responsible for 25%  ...  view the full minutes text for item 375.

376.

CONSIDERATION OF ANY OTHER ISSUES REFERRED FROM THE EXECUTIVE, RESOURCES AND CONTRACTS POLICY DEVELOPMENT AND SCRUTINY COMMITTEE

Minutes:

There were no additional items referred from Executive, Resources and Contracts PDS Committee.

377.

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

 

 

378.

CRYSTAL PALACE SUBWAY AWARD OF WORKS CONTRACT

Crystal Palace ward

Minutes:

The Executive considered details of the tender process.

379.

CAPITAL PROGRAMME MONITORING Q3 2021/221 AND CAPITAL STRATEGY 2022 TO 26 - APPENDIX E

Minutes:

The Executive noted the Appendix.

Appendix A pdf icon PDF 443 KB

 

Original Text: