Council decisions

The Council’s Housing Strategy sets out that the Council will operate a rents policy that reflects national rent policy, and this report sets out in more detail how this will operate in Barnet.

To note the feedback following the consultation on the draft Housing Strategy.

The Committee considered the Housing Strategy which set out the strategic housing priorities for the borough and how they would be achieved over the next 10 years.  The Committee were requested to approve the Commissioning Plan and Housing Strategy. 

During debate, Councillor Houston MOVED a motion which was duly seconded as follows:

Replace recommendation 1 with:

1.         That Council approve the final Housing Strategy at Appendix A, with the following additions:

That the Housing Strategy should:

·       Set out specific targets for delivering at least 50% affordable housing on developments on council-owned land, including a specific target of 50% to be social rented housing

·       Commit the council to developing a Supplementary Planning Document that sets out clear expectations on value in viability reports, including that viability calculations should be transparent and public. 

·       Commit the council to establish a policy on the local marketing of properties to minimise off-plan sales.  

·       Specify that where the council must transfer land to secure delivery of affordable housing it should have a long-term interest in the land eg. through retaining the freehold, keeping a long term equity stake in the value uplift of the land by adding covenants on disposal, and look at long term payback arrangements on private sector-led development.

·       Set out that on the regeneration schemes the same number of council homes as were originally there prior to the start of regeneration should be provided as a minimum.

·       Ensure that all longstanding non-secure temporary tenants on Barnet’s regeneration estates should be granted secure tenancies.

·       Look at developing  new intermediate rent and low cost home-ownership products, for example: 

·       Set out additional actions to improve standards in private rented sector, including: 

·       Investigate setting up a social lettings agency to offer a quality management service to private landlords for letting their properties at either market rent or affordable rent with the service either free of charge for tenants.

·       Investigate working with Housing Associations to bring empty/non-decent properties into the public housing sector.

·       Any acquisitions should prioritise purchases in borough.

Replace recommendation 2 with:

2.         That the Committee approve the final Commissioning Plan at Appendix B, with any appropriate amendments following from the amended recommendation 1.

Having been put to the vote the Committee voted:

For: 4

Against: 5

Abstain: 0

The Motion was therefore LOST.

The Chairman moved to the vote on the recommendations as set out in the report.  Votes were recorded as follows

For: 5

Against: 4

Abstain: 0

Immediately following the vote, Councillor Houston moved to refer the item to the next practicable meeting of Full Council in accordance with the provisions of Section 6.3 of Responsibility for Functions.  The reason given for the request to refer the item was:

“Housing is the central issue in Barnet. It is the second highest concern in the Residents Perception Survey. The proposed Labour Group amendments would have given the Strategy far more ambition in terms of affordable housing in the borough. It is appropriate that Full Council considers the Strategy.”

The Committee Members supporting the referral were:

Councillor Houston

Councillor Langleben

Councillor McGuirk

Councillor Roberts

RESOLVED that having received the requisite number of support for referral, the item will be placed on the agenda for consideration by Full Council. 

This report sets out what is required from Barnet Council – across a range of services including housing and social care - in order to achieve the Council’s commitment to resettle 50 refugees in Barnet as part of the Government’s Syrian Vulnerable Person Relocation (VPR) scheme. The report provides background to the VPR scheme and how the Council will work with the Government to welcome and accommodate the 50 refugees and register them with the appropriate universal and specialist services in the borough.  The report also sets out how the Council will assess the potential need for further support in order to meet the requirements of the scheme and the standards of service offered to all Barnet residents.

The report presents financial modelling of the potential costs to the Council of participation in the VPR scheme, based on initial assumptions about the size and potential requirements of those resettled – which will be subject to change based on actual referrals - and analysis of how these compare with the funding committed by Government to cover costs of resettlement for the first year of the scheme. The report also looks ahead to subsequent years. The Government has committed to providing funding for years 2-5 (in line with the period of 5 years Humanitarian Protection status that will be granted to refugees). The level of funding available in years 2-5 is yet to be finalised, although the Government has committed to making funding available to cover this period.  The Council is in close contact with the Home Office and expects to receive confirmation imminently.

Reflecting the degree of uncertainty about the potential financial implications – particularly over the longer-term if the circumstances of those resettled were to change - the report recommends the earmarking of a £100,000 contingency, allocated from the risk reserve.  The size of the contingency fund will be kept under review and is intended to help meet the potential costs of delivering the VPR scheme in future years without placing an undue financial burden on service budgets.

Due to the urgent nature of the decision, the Chief Executive has utilised the urgent provisions in the Constitution to approve the earmarking of a contingency in order for the Council to move as quickly as possible to begin accepting referrals from the Government as it meets the commitment to resettle 50 Syrian refugees in the borough, reflecting the degree of urgency required and the preference of Members to respond as quickly as possible.

The attached document is a summary of decisions taken under delegated powers in August.

Variation to DPR published on 29^th April 2015

Under the DPR the Council approved (inter alia)

3.       That in accordance with the resolution of Assets Regeneration and Growth Committee dated 8th September 2014 and the terms of the Development Agreement dated 1st October 2012 between the Council and Countryside Properties (UK) Limited, the Council agrees enter into shared equity mortgages in respect of the five newly constructed properties on the redeveloped estate identified at paragraph 1.10 below

On phase 1 the Council has agreed to enter into shared equity mortgages on 7 homes, 5 of which are awaiting completion. Under the terms of the shared equity agreements the council will hold a percentage of the value of the home and it has been agreed that stamp duty land tax will be paid on a proportional basis with the council being responsible for payment of the SDLT on its equity holding.

The actual amount payable may increase slightly  dependent on the final sale price at completion, but the provisional amount of SDLT that the Council will pay has been assessed at £50,137.50

This variation to the DPR seeks authority to Complete the Mortgage agreements and to pay the Stamp Duty Land tax due on each property in proportion to the equity interest retained by the Council  up to a maximum of £52,000

The Principal Development Agreement (PDA) for the regeneration of the Stonegrove and Spur Road Estates was approved by Cabinet on 18 June 2007 and was varied by a Deed of Variation on 25 March 2008.

Resolution 3 of the decision of Cabinet on 18th June 2007 stated that subject to the final terms of the Principal Development Agreement and legal arrangements being approved by the Cabinet Member for Regeneration and Development under Delegated Powers; that the necessary legal documentation be completed in order for the scheme to proceed.

Under the terms of the PDA with Barratt Evolution LLP Barratts the Council has entered into an agreement that BELLP can call for a Development Stage Works License (DSWL) to commence construction on each phase of the site until they reach a point where they can call for a drawdown of the land.

BELLP has called for a works licence for the final phases, 7 & 8, as shown on the attached plan 12369_05_29-A and this DPR requests authority to enter into the DSWL as required under the terms of the PDA.

There are no financial implications to granting this DSWL and all costs are recovered from Barratts under the terms of the PDA.

Phase 1 of the Dollis Valley regeneration scheme is now nearing completion. In accordance with the decision of Assets, Regeneration and Growth Committee of 8th September 2015 the Council needs to hand over the next development phase, known as Phase 2a This will be achieved by entering into a deed of variation of the Development Agreement to provide for the grant of a development Lease of Phase 2a, being land which is not currently subject to residential occupation. The development lease of phase 2b will be completed once vacant possession of that additional land is obtained, it is anticipated towards the end of 2015.  

Associated with the hand over of this phase, the council needs to obtain vacant possession of a block of residential properties, 1 to 15 The Ridge. The acquisition of these houses is underwritten by a Compulsory Purchase Order with a vesting date of 30th March 2015.

Under the terms of the Development Agreement leaseholders on the estate have been offered the option of reinvesting the value of their existing properties into a shared equity purchase of a new home on the estate, under which agreement the Council would purchase and hold the balance of the equity.

In Phase 2 five leaseholders have opted to take up the Council’s offer and the Council now needs to provide the funding of the equity that it will retain in these five homes so that Countryside can complete the sales and move the leaseholders out of the homes which will need to be demolished for the next phase.

Prior to the grant of the Development Lease of phase 2a the Council needs to extinguish any private rights over the land that may exist in order to enable the development to proceed in accordance with the planning permission.

The majority of this land was formerly public Highway with the remainder being predominantly amenity land associated with the Estate. When the Council promoted the Stopping up Order only one party claimed any private rights and that party has already agreed a deed of release.  The Council is not aware of any other private rights but it needs to appropriate this land to Planning prior to completing the Development Lease so that any that may exist are extinguished and they will not hinder implementation of the planning permission.

Following completion of the appropriation the Council will enter into the Development lease of Phase 2a which will also enable Countryside to construct the social housing needed to rehouse Council Tenants in the remaining phases.

The Council approved entering into the Principal Development Agreement for the Stonegrove Regeneration Scheme at its Cabinet Resources Committee on 25th March 2008.  All conditions precedent of that legal agreement have been satisfied and the agreement, known as the Principal Development Agreement (PDA), which was signed on 24th September 2008 and is now in force between the Council and Barratt Evolution LLP, a joint venture between Barratt and Family Mosaic.

Under the terms of the PDA the development partner, Barratts, must serve a notice requiring the Council to transfer the land needed for the new homes. These Notices are served on a phase by phase basis, upon reaching certain contractual milestones, to enable them to complete their transfer of affordable homes to Family Mosaic and the sale of private sale dwellings in line the agreed program.

To date approximately half of the land has already been transferred by the Council and the formal Acquisition Notice calling for the draw-down of the next phase, known as phases 4a and 4b, was served on the Council on 5th March 2015.  Barratts have requested that the Council transfer part of the land directly to the Social Housing provider, Family Mosaic Homes.

Prior to the transfer the Council is required to appropriate the land to Planning to extinguish any private rights.  This was approved by Cabinet on 18th June 2007 (Cab. Dec 18/07/2007 – 6).  We are not aware of any existing private rights on this land.

This DPR is to appropriate the land in phase 4 a and 4b to Planning and then for consent to complete the transfer the land for the social housing to Family Mosaic Homes and the balance of the land to Barratt Evolution LLP, as required under the Principal Development Agreement.

The PRS project is tasked with finding suitable properties for Adults and Communities Delivery Unit service users to offer as move on accommodation. Advantages should arise from engaging a Registered Provider of social housing (Omega Housing Ltd). These advantages are itemised in the main body of the report but include extending the opportunities afforded by the scheme to a broad pool of service users. Following an open procurement exercise to seek proposals from suitable Registered Providers this report requests authority to appoint Omega Housing Ltd for the provision of housing management services. This service would be for a three-year period. The total income that may derive over this period is estimated to be £171,000.

To compulsorily acquire underused or ineffectively used property for residential purposes where there is a compelling case in the public interest for its acquisition to meet general housing need in the area

The Committee considered the report.

RESOLVED that:

1.         The Committee approve the making ofCompulsory Purchase Orders (CPOs), under Section 17 of the Housing Act 1985 and the Acquisition of Land Act 1981 in respect of the properties identified as ‘A’ and ‘B’ in the exempt report.

2.         Subject to the authorisation for the making of the Compulsory Purchase Orders referred to in decision 1 above, the Orders be submitted to the Secretary of State at the Department for Communities and Local Government for consideration and confirmation.

3.         In the event of the Secretary of State at the Department for Communities and Local Government returning the Orders for confirmation by the Council, the Order be confirmed on behalf of the Council.

4.         Following confirmation of the Orders, that Housing Committee approve the entry into a Cross-Undertaking with the owner(s) of the relevant property not to implement the Order on the condition that the owner(s) agree(s) to bring their property back into use within a reasonable time.

5.         In the event that a Cross-Undertaking is not entered into as referred to in recommendation 4. above, or the terms of the Cross-Undertaking are not adhered to by the owner, that authority be delegated to the Strategic Director for Growth and Environment to proceed with the compulsory acquisition of the properties in question.

6.         Following the compulsory acquisition of any of the properties, an options paper on the onward disposal be brought to the Housing Committee for decision.

7.         The Committee approve that the financial costs of the Compulsory Purchase Orders be indemnified through the Corporate Capital Programme.

To approved the revised Housing Allocations Scheme following a period of public consultation

In accordance with Meeting Procedure Rule 7, Councillor Reema Patel addressed the Committee on the proposed Housing Allocations Scheme.

The Chairman introduced the report.

RESOLVED that the Committee approve the proposed revisions to the Council’s Housing Allocations Scheme following on from a period of public consultation, subject to a review of the proposal to remove the reasonable preference category in Band 1 relating to applicants who need to move because there is a risk of violence or threat to life.

RESOLVED that the Committee delegate authority to the Strategic Director for Growth & Environment to approve the amended Housing Allocations Scheme following consultation with the Housing Committee Chairman (Councillor Tom Davey) and the Labour Spokesperson for Housing (Councillor Ross Houston).  The Committee agreed that if the Chairman and the Labour Spokesperson for Housing were unable to agree amendments to the sections Housing Allocations Scheme relating to households at risk of violence, the decision on the Scheme would be referred back to the Housing Committee on 2 February 2015 for decision.

To approve five year commissioning priorities, proposals for meeting financial targets set out in the Medium Term Financial Strategy and proposed Management Agreements

The Committee considered the report.

Having been put to the vote the Committee voted:

In Favour: 5

Against: 0

Abstentions: 4

RESOLVED that:

1.         The Committee approves the Commissioning Plan (Appendix A), subject to consultation.  The Commissioning Plan sets out the strategic priorities, commissioning intentions, outcome measures, revenue budgets and capital requirements for recommendation to the council’s Policy and Resources Committee on 2 December 2014.

2.         The Committee agrees to public consultation on the Commissioning Plan commencing immediately following Policy and Resources Committee on 2 December 2014, before final Commissioning Plans are agreed by Policy and Resources on 17 February 2015.

To consider the draft Housing Strategy prior to a period of public consultation

To consider the draft Housing Investment Strategy

The Committee considered the report.

Having been put to the vote the Committee voted:

In Favour: 5

Against: 0

Abstentions: 4

RESOLVED that:

1.         The Committee approve the proposed draft Housing Strategy for public consultation, subject to officers considering the feasibility of promoting self-build properties within the Strategy.

2.         The Committee authorises officers to commence public consultation from 1 December 2014 to 28 February 2015 inclusive, or on other appropriate dates as soon as possible if these dates cannot be met.

3.         That the results of the consultation be reported back to Committee on 22 April 2015 together with officer recommendations and a revised Strategy if appropriate.

Capita is contracted to deliver New Benefits Claims Processing with a 12 day turnaround and at a reduced cost that was based on all Benefits being processed at the Capita Shared Service Centre in Blackburn as detailed in the Capita BAFO (Best and Final Offer) approved by Cabinet on 6^th December 2012.

The Council introduced a new operating model following this offer with 16 staff located in Front Office locations to process claims face to face which has improved turnaround time to c. 7 days.

Following a review of options approval for a change is sought to maintain a Face to Face presence at an additional cost to be offset against the Redundancy Refund from CR14.

This report assesses an application for financial assistance by a local resident towards the cost of removing a dangerous tree on her property.