Agenda and minutes

There were no apologies for absence.

Councillor Bennett declared that he was a member of the Lee Valley Regional Park Authority.

Councillor Fawthrop declared that his wife was an employee of the Council.

The minutes of the meeting held on 18 January 2023 would be confirmed at the next 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 - by 5pm on Wednesday 25 January 2023.  

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 2 February.

Six questions for oral reply were received.  These are attached at Appendix A.

Report CSD23024

At the meeting of the Executive Committee on 19 October 2022, an update was brought to the Executive on the Biggin Hill Airport Noise Action Plan review. At the time of the report, one of the key commitments of the Noise Action Plan, the new approach to Runway 03, was yet to be approved by the Civil Aviation Authority (CAA). As this commitment was deemed to be one of the most important for residents, the committee asked for a further report to be brought to the Executive Committee in January 2023, once the CAA had made its decision on this issue.

The CAA had now issued its decision refusing the new approach to R03. The report recommended moving forwards with the revision of the NAP with a view to making improvements without the benefit of the new approach to R03 for the next five years.

The Executive noted that the report had been considered by the Executive, Resources and Contracts PDS Committee.  The Chairman of that Committee reported that at the meeting there had been consensus that a revision to the NAP was required and any revised NAP needed to work for both Biggin Hill Airport Ltd (BHAL) and residents.  Many of the points raised at the PDS Committee had concerned resident engagement and the recommendations proposed by Members were aimed at balancing protecting residents and delivering a suitable commercial deal for BHAL.

The Portfolio Holder for Resources, Commissioning and Contracts Management then made a detailed statement which can be reviewed at Appendix B to these minutes.

The Leader emphasised that any revised NAP would be subject to scrutiny by the Executive, Resources and Contracts PDS Committee.  The Leader also expressed confidence that the interests of the residents directly affected by Biggin Hill Airport would be well represented by local ward councillors.

The report had been scrutinised by the Executive, Resources and Contracts PDS Committee at its meeting on 2 February 2023 and the Committee had requested that the Executive note the comments made.

RESOLVED: That

1.  It be noted that the CAA has made a decision not to approve the new Instrument Approach Procedure for Runway 03.

2.  It be agreed that BHAL in association with the Council need to work on the revision of the NAP and produce a new NAP for the following five years.

3.  Officers be authorised to work with BHAL to produce a revised NAP, in consultation with the Portfolio Holder for Resources, Commissioning and Contract Management taking into account the fact that the new Instrument Approach Procedure for Runway 03 will not be delivered in the short to medium term future.

4.  It be noted the officers’ suggestions of possible improvements set out in this report to be discussed with BHAL along with other suggestions from residents and other parties in the next few months.

5.  It be noted that sufficient time will need to be allowed to discuss and agree feasible improvements and codify them in a clear and agreed  ...  view the full minutes text for item 142.

Report FSD23012

A key part of the financial strategy was to highlight the budget issues that would 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 and the funding strategy were reported to the previous meeting of the Executive.

The Provisional Local Government Finance Settlement 2023/24, which covered 2023/24 only with limited indication of funding for 2025/26, provided the fourth year (following 10 years of austerity) of real increases in funding. The settlement included continuation of the ASC precept, repurposed social care funding, additional adult social care funding and other changes.

Although the settlement was to be welcomed there remained uncertainty around the level of Government funding for 2024/25 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) was not expected until 2026/27.

The report identified the final issues affecting the 2023/24 revenue budget and sought recommendations to the Council on the level of the Bromley element of the 2023/24 Council Tax and Adult Social Care precept. Confirmation of the final GLA precept would be reported to the Council meeting on 27^th February 2023. The report also sought final approval of the ‘schools budget’. The approach reflected in this report was for the Council to not only achieve a legal and financially balanced budget in 2023/24 but to have measures in place to deal with the medium-term financial position (2024/25 to 2026/27).

With the Government reductions in funding since austerity measures began, although there have been some recent improvements in funding, the burden of financing increasing service demands falls 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 real terms, from 2025/26.

The report had been scrutinised by the Executive, Resources and Contracts PDS Committee at its meeting on 2 February 2023 and the Committee had supported the recommendations.

RESOLVED: That

2.1 Council be recommended to:

a)  Note the Final Local Government Settlement 2023/24, announced by DLUHC on 6^th February, which included additional Services Grant funding of £61.5k and that these monies be set aside within the 2023/24 Central Contingency.

b)  Approve the schools budget of £98.674m which matches the estimated level of Dedicated Schools Grant (DSG) after academy recoupment;

c)  Approve the draft revenue budgets (as detailed in the revised Appendix 2) for 2023/24

d)  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 18^th January 2023;

e)  Approve a revised Central Contingency sum to reflect the allocation of the pay award, movement of levies  ...  view the full minutes text for item 143.

Report FSD23015

The report set out a proposal that the Empty Homes Premium be increased from April 2023 to the maximum permitted under the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018.

The report had been scrutinised by the Executive, Resources and Contracts PDS Committee at its meeting on 2 February 2023 and the Committee had supported the recommendations.

RESOLVED: That

1.The responses to the public consultation exercise at Appendix 1 be considered.

2.The Equality Impact Assessment at Appendix 2 be considered.

3.The Empty Homes Premium from 1 April 2023 be increased to 100% for properties empty longer than 2 years, increasing to 200% where the property has been empty for 5 years and 300% when the property has been empty for over 10 years.

Report HPR2023/007

The report provided Members with an update on the delivery of the Crystal Palace Park Regeneration Plan, including the recommendation to procure consultancy services for the capital schemes. The report was marked as Urgent as the project would be utilising grant funding which had timescales attached for delivery. Call in would therefore not apply.

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 23 January 2023 and the Committee had supported the recommendations.

RESOLVED: That

1.  The contents of the report be noted, namely information regarding the procurement of the multi-disciplinary consultancy services for the next stages of the Regeneration Plan at Crystal Palace Park.

2.  The procurement of the multi-disciplinary consultancy services to replace AECOM be approved noting that the Regeneration Plan is already on the Capital Programme, with funding secured for the works required under the shadow s106 agreement.

Report HPR2023/009

The report recommended Executive and Full Council approval for the award of the main construction contract for the West Wickham Library and Housing Project. The details of the compliant, open tender process had been outlined within the Part 2 report. The report was also requesting approval of a supplementary capital estimate. The report was marked as Urgent to ensure the validity of the tenders received, as the tender closed on the 6^th December 2022.

RESOLVED: That

1.  A supplementary capital estimate for this scheme of £3,959k be approved, to cover construction price inflation since November 2021, when the project was originally added to the Capital Programme, and an increased contingency allowance;

2.  The revised financing of the scheme be approved as set out in paragraph 8.7 of the report;

3.  The further recommendations in the Part 2 report in relation to the award of the works contract be noted;

4.  The rent levels of the affordable housing at Social (Formula) Rent levels to utilise the GLA Building Homes for Londoners Grant be approved; and

5.  Approve that any increased GLA Grant be added to this scheme, as agreed under contract with the GLA. 

Report HPR32023/011

In March 2022, the Council was awarded £220k grant funding from the Department of Levelling Up, Housing and Communities to deliver four Changing Places facilities at agreed locations across the borough. The use of funds and associated procurement approach was agreed, with pre-decision scrutiny, by the Portfolio Holder for Renewal, Recreation and Housing in October 2022.

Officers were seeking formal approval to accept and spend the grant monies in line with parameters of the funding application, together with approval for contract award for the associated works.

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 23 January 2023 and the Committee had supported the recommendations.

RESOLVED: That

1.  The allocation and spend of the Changing Places Fund grant monies which total £220k be approved, in line with the interventions set out in the funding application and within this report, to enable the delivery of four Changing Places facilities across the borough before 31 March 2024.

2.  The award of contract, via exemption to competitive tender, to Rise Adapt for the delivery of two modular Changing Places units (situated at Crystal Palace Park and High Elms Country Park) be approved at an estimated value of £145,500. Award of contract will be subject to confirmation of management and maintenance agreements as set out in 3.19 – 3.20.

3.  The distribution of funds to Princess Royal University Hospital (PRUH) and MyTime Active to deliver Changing Places Toilets at the PRUH and The Pavilion Leisure Centre be appoved.

4.  Authority be delegated to the Director of Housing, Planning, Property and Regeneration, in consultation with the Portfolio Holder for Renewal, Recreation and Housing, to agree any changes to the delivery of Changing Places programme within the boundaries of the grant funding available and legal contract with DLUHC.

Report HPR2023/010

Due to a number of factors, mainly problems with the current buildings, the future of the outreach service currently provided by two community resource centre facilities at Cotmandene (CCRC) and Mottingham (MCLS) had been under review. A number of alternative locations had been explored for relocation with the views of users and non-users captured.

The report asked the Executive to agree to the relocation of the service into two Libraries within the borough under the expected management of Greenwich Leisure Limited.

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 23 January 2023 and the Committee had supported the recommendations and made an additional recommendation:

2.2 (ii) To note the need for the Mottingham Resource Centre to be situated in close proximity to the existing location on the Mottingham estate (an area of social and economic deprivation) and continue to search for an alternative site during the 6/12 months trial in case the library site does not prove suitable. Furthermore, that Officers consider the implications and feasibility of extending the time available at St. Edward’s Church, during the trial period, from one day to two days per week, if required, to provide increased local availability of facilities and resources to the elderly, disabled and vulnerable who reside on the Mottingham estate.

RESOLVED: That

1.  The permanent relocation of the outreach services at Cotmandene Resource Centre to St Paul’s Cray Library, including the transfer of management services to GLL by way of a Change Control Note to GLL’s overarching contract and the secondment and/or TUPE of staff depending on the consultation outcome be agreed.

2.  The temporary relocation of the outreach services at Mottingham Learning Shop to Mottingham Library, with one day a week session at St Edward’s Church, be agreed subject to a twelve month trial, to be reviewed after 6 months. These services are to be transferred to the management of GLL rather than the Council by way of a Change Control Note to GLL’s overarching contract and will include the secondment and/or TUPE of staff.

3.  The need for the Mottingham Resource Centre to be situated in close proximity to the existing location on the Mottingham estate (an area of social and economic deprivation) and continue to search for an alternative site during the 6/12 months trial in case the library site does not prove suitable be noted. Furthermore, that Officers consider the implications and feasibility of extending the time available at St. Edward’s Church, during the trial period, from one day to two days per week, if required, to provide increased local availability of facilities and resources to the elderly, disabled and vulnerable who reside on the Mottingham estate.

4.  Any further decisions on the transfer to GLL be delegated to the Director of Corporate Services and Governance in consultation with the Portfolio Holder for Renewal, Recreation and Housing.

5.  The disposal of the Cotmandene building for sale or rent be agreed subject to a further  ...  view the full minutes text for item 148.

Report HPR2023/012

The report sought approval to draw down funds from the Council’s Technology Fund for one off costs associated with the IT software replacement project for Planning & Building Control.

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 23 January 2023 and the Committee had supported the recommendations.

RESOLVED: That funds totalling £402,307 be drawn down from the Council’s Technology Fund.

Report HPR2023/008

The report sought authority to join the London sub-regional partnership.

In response to a question, the Leader received assurances that London Borough of Bromley could leave the Partnership with 12 months’ notice with any liabilities around issues such as redundancy being limited as these liabilities would only be in respect to core staff.  It was highlighted that most staff were from externally funded programmes.

The report had been scrutinised by the Renewal, Recreation and Housing PDS Committee at its meeting on 23 January 2023 and the Committee had supported the recommendations.

RESOLVED: That

1.  Approval be given to joining Local London and signing the Inter Authority Agreement (IAA) for the Local London Sub-Regional Partnership (appendix 1) so as to establish joint arrangements with the Local London Authorities including the formation of a Joint Committee with its terms of reference as set out in the IAA;

2.  Approval be given to the annual membership fee, currently £50K per annum, for the duration of Bromley’s membership, noting interdependencies with UK Shared Prosperity 3-year period (3.7) and Local London’s current strategy period 2022-2025 (3.5);

3.  Authority be delegated to the Portfolio Holder for Renewal and Recreation to determine continuing membership annually, on review of value added;

4.  Authority be delegated to the Portfolio Holder for Renewal and Recreation to be the Council’s Member at the Local London Joint Committee and make decisions where there are no direct implications for LBB finances (3.14) and to appoint the Leader to be the Reserve Member; and,

5.  The benefits of joining Local London, as set out in paragraphs 3.8-3.13 of the report be noted.

Report ACH23-005

The Part 1 Contract Award report outlined the current arrangements for the provision of Bromley’s Integrated Community Equipment Service (ICES), commissioned through the London Community Equipment Consortium (London Consortium), and set out the results of the tender exercise for the provision of the new service.

The current contract for ICES was due to end on 31^st March 2023 and both 1+1 extension options had been utilised. Executive previously approved (ECHS19049) re-procuring the service through continued membership of the London Consortium and for Bromley Council to participate in the joint re-tendering exercise, which was activated in April 2022.

Approval to call-off the new contract was being sought to support the conclusion of the Consortium-led Tender Exercise and the new Framework Agreement, in order for the new service to commence on 1^st April 2023, and for Bromley to continue to support and meet the needs of Bromley residents.

The Contract Award Part 1 made recommendations for the new ICES provision in Bromley and should be read in conjunction with the Contract Part 2 Award Report.

The report had been scrutinised by the Adult Care and Health PDS Committee at its meeting on 24 January 2023 and the Committee had supported the recommendations.

RESOLVED: That

1.  The London Consortium award of the Framework Agreement to the successful bidder for the new ICES be supported. The new provider will operate as the single supplier to a framework agreement to provide an Integrated Community Equipment Service on behalf of the London Community Equipment Consortium.  The new contract is scheduled to commence on 1^st April 2023;

2.  Call-off the new contract for the provision of ICES, with an initial period of 5 years, with one plus one-year extension periods be approved;

3.  Recommendation 3, as detailed in Part 2 be approved;

4.  Authorisation to extend the contract for up to two years be delegated to the Director of Adult Services, in consultation with the Portfolio Holder for Adult Care & Health Services, the Assistant Director of Governance & Contracts, the Director of Finance and the Director of Corporate Services and Governance.

5.  The annual Consortium membership fee (value detailed in Part 2) be approved.

The report set out the details of the Council’s current contract with JCDecaux to install digital information screens in the borough, subject to Planning Approval.

A proposal was presented to activate the contract’s clause to extend the contract with JCDecaux by a further five years and seek a Variation Change Control to reflect the location and volume of digital information screens being proposed by JCDecaux, which the Executive was then asked to approve.

Financially sensitive information relating to the existing contract and proposed contract extension was set out in the corresponding Part 2 Report.

The report had been scrutinised by the Environment and Community Services PDS Committee at its meeting on 25 January 2023 and the Committee had supported the recommendations.

RESOLVED: That

1.  An extension to the existing concession contract with JCDecaux by five years to 2032 through the extension clause set out in the original contract, with revised contract values set out in the corresponding Part 2 report be agreed in principle.

2.  A Variation Change Control for a Change Notice to the existing concession reflect the location and volume of digital information screen locations being proposed in the borough, subject to each location receiving Planning Approval be agreed in principle.

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

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

The Executive noted the Part 2 appendices.

The Executive considered the report and approved the recommendations.

The Executive considered the report and supported the recommendations.

The Executive noted the information outlined in the Part 2 appendices.