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1 Governance & Member Support Officer: Zoey Foakes (01277 312 733) Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY
01277 312 500 www.brentwood.gov.uk
Agenda
Environment, Enforcement & Housing Committee Monday, 20 September 2021 at 7.00 pm
Council Chamber, Town Hall, Ingrave Road, Brentwood, Essex CM15 8AY
Membership (Quorum – 3 )
Cllrs Mrs Pearson (Chair), Mrs Hones (Vice-Chair), Barber, Dr Barrett, Bridge, Fryd, Haigh, Heard and Kendall Substitute Members Cllrs Barrett, Cuthbert, Naylor, Mrs Pound, Tierney and Wiles
Agenda Item
Item
Wards(s) Affected
Page No
Live broadcast Live broadcast to start at 7pm and available for repeat viewing. 1. Apologies for Absence
2. Minutes of the previous meeting
5 - 10
3. Chairs update
11 - 12
4. Decant Policy
All Wards
13 - 22
5. Meanwhile Offer
All Wards
23 - 32
6. Empty Homes Strategy All Wards 33 - 48
Public Document Pack
2
7. Strategic Housing Development Plan
All Wards
49 - 62
8. Urgent Business
Jonathan Stephenson Chief Executive Town Hall Brentwood, Essex 10.09.2021
3
Information for Members
Substitutes
The names of substitutes shall be announced at the start of the meeting by the Chair and the substitution shall cease at the end of the meeting. Where substitution is permitted, substitutes for quasi judicial/regulatory committees must be drawn from Members who have received training in quasi- judicial/regulatory decision making. If a casual vacancy occurs on a quasi judicial/regulatory committee it will not be filled until the nominated member has been trained.
Rights to Attend and Speak
Any Members may attend any Committee to which these procedure rules apply. A Member who is not a member of the Committee may speak at the meeting. The Member may speak at the Chair’s discretion, it being the expectation that a Member will be allowed to speak on a ward matter. Members requiring further information, or with specific questions, are asked to raise these with the appropriate officer at least two working days before the meeting.
Point of Order/ Personal explanation/ Point of Information
Point of Order
A member may raise a point of order at any time. The Mayor will hear them immediately. A point of order may only relate to an alleged breach of these Procedure Rules or the law. The Member must indicate the rule or law and the way in which they consider it has been broken. The ruling of the Mayor on the point of order will be final.
Personal Explanation
A member may make a personal explanation at any time. A personal explanation must relate to some material part of an earlier speech by the member which may appear to have been misunderstood in the present debate, or outside of the meeting. The ruling of the Mayor on the admissibility of a personal explanation will be final.
Point of Information or clarification
A point of information or clarification must relate to the matter being debated. If a Member wishes to raise a point of information, he/she must first seek the permission of the Mayor. The Member must specify the nature of the information he/she wishes to provide and its importance to the current debate, If the Mayor gives his/her permission, the Member will give the additional information succinctly. Points of Information or clarification should be used in exceptional circumstances and should not be used to interrupt other speakers or to make a further speech when he/she has already spoken during the debate. The ruling of the Mayor on the admissibility of a point of information or clarification will be final.
Information for Members of the Public
Access to Information and Meetings
You have the right to attend all meetings of the Council and Committees. You also have the right to see the agenda, which will be published no later than 5 working days before the meeting, and minutes once they are published. Dates of the meetings are available at www.brentwood.gov.uk.
Guidelines on filming, photography, recording and use of social media at council and committee
meetings
The council welcomes the filming, photography, recording and use of social media at council and committee meetings as a means of reporting on its proceedings because it helps to make the council more transparent and accountable to its local communities. Where members of the public use a laptop, tablet device, smart phone or similar devices to make recordings, these devices must be set to ‘silent’ mode to avoid interrupting proceedings of the council or committee. If you wish to record the proceedings of a meeting and have any special requirements or are intending to bring in large equipment then please contact the Communications Team before the meeting. The use of flash photography or additional lighting may be allowed provided it has been discussed prior to the meeting and agreement reached to ensure that it will not disrupt proceedings. The Chair of the meeting may terminate or suspend filming, photography, recording and use of social media if any of
4
these activities, in their opinion, are disrupting proceedings at the meeting.
Private Session
Occasionally meetings will need to discuss some of its business in private. This can only happen on a limited range of issues, which are set by law. When a Committee does so, you will be asked to leave the meeting.
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Access
There is wheelchair access to the meeting venue from the Main Entrance. If you do wish to attend this meeting, please contact the clerk should you have specific accessibility needs. There is an induction loop in the meeting room.
Evacuation Procedures
Evacuate the building using the nearest available exit and congregate at the assembly point in the Car Park.
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Minutes Environment, Enforcement & Housing Committee Monday, 5th July, 2021 Attendance Cllr Mrs Pearson (Chair) Cllr Russell (Vice-Chair) Cllr Barber Cllr Dr Barrett Cllr Bridge
Cllr Fryd Cllr Haigh Cllr Heard Cllr Kendall
Also Present Brian Cooke YMCA Housing Director Emily Dickson YMCA Housing Manager Cllr Mrs Pound Cllr White Officers Present Angela Abbott - Housing Services Manager Greg Campbell - Corporate Director (Environment & Communities) Gavin Dennett - Tracey Lilley - Corporate Director (Housing & Community Safety) Paulette McAllister - Principal, Design & Conservation Officer Ian Winslet - Viability Advisor (Ark Consultancy)
LIVE BROADCAST Live broadcast to start at 7pm and available for repeat viewing.
55. Apologies for Absence There were no apologies for absence.
56. Minutes of the previous meeting Members RESOLVED that the minutes of the Environment, Enforcement and Housing Committee held on 16th March 2021 were a true record.
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Agenda Item 2
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57. YMCA Presentation
A presentation was given to the committee by Brian Cook, Director of Housing at YMCA and Housing Manager Emily Dickson. Members were able to ask questions following the presentation.
58. Chairs update Members noted the update in the report.
59. Noise complaint service process Under the Environmental Protection Act 1990, the Council has a duty to take reasonable steps to investigate complaints of noise so as to decide whether the noise is a statutory nuisance and to inspect its area to detect any statutory nuisance. In practice this means investigating complaints from residents who are disturbed by noise. Last year Brentwood Council received 376 requests to investigate noise. It is important that noise complaints are investigated consistently and in a transparent way. To ensure consistency and provide transparency this report recommends the Council adopt a noise complaint investigation procedure. The procedure outlines the process officers will follow in responding to and attempting to resolve noise complaints. A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Russell to agree the recommendations in the report. Following a discussion a vote was taken and it was RESOLVED UNANIMOUSLY that: Members are asked to: R1. Agree the adoption by Brentwood Council of the noise investigation procedure appendix A to the report. Reasons for Recommendation The reason for the recommendation to adopt the noise investigation procedure is to improve consistency between investigating officers and to improve transparency concerning the Councils investigation of noise complaints.
60. Electrical Safety Policy In March 2019, Brentwood Borough Council were subject to a Health and Safety Executive (HSE) review into all compliance areas. As part of this review, the Council were found to be effectively managing the risk across all areas of compliance but had areas requiring improvement in relation to electrical safety.
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The Housing Department began working alongside the HSE to improve the Council’s compliance position, taking advice and guidance from them on what was required to improve the management of these areas of responsibility. One main area of focus was the request to implement an electrical policy which would be available to the whole housing department. Included as Appendix A to the report is the proposed policy. A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Russell to agree the recommendations in the report. Following a discussion a vote was taken and it was RESOLVED UNANIMOUSLY that: Members are asked to: R1. To approve the Electrical Safety Policy included as Appendix A. Reasons for Recommendation To ensure that the Housing Department has documentation to support the delivery of electrical safety in buildings and residents homes, and to comply with the social housing regulator’s expectations.
61. Decommissioning of the Community Alarm Service Due to the need to invest in the community alarm service, an options appraisal had been completed. Following the conclusion of the review, the proposal was to close the Council’s community alarm service and to arrange for the service to be transferred to another provider. This decision would provide a sustainable service for residents and reduce the need for capital investment in a non-statutory service. A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Russell to agree the recommendations in the report. Following a discussion a vote was taken and it was RESOLVED that: Members are asked to: R1. To approve the closure of the Council’s Community Alarm service. R2. To give delegated authority to the Corporate Director (Housing and Community Safety) to oversee the selection of the organisation that will take on the Community Alarm Service. Reasons for Recommendation To ensure that service users of the Council’s community alarm service have access to a good quality, sustainable service and for the Council to avoid making a significant capital investment in a non-statutory service.
62. Variation to the Agenda
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The Chair moved a motion to vary the agenda. Item 10 would be debated ahead of Item 8.
63. Tenancy Strategy In 2017 the Council approved a tenancy strategy and this had been reviewed to bring the document up to date, whilst also providing the opportunity to engage with registered providers of social housing operating in the Borough. The updated Tenancy Strategy covering the period 2021 to 2026 is included as Appendix A of the report. A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Russell to agree the recommendations in the report. Following a discussion a vote was taken and it was RESOLVED that: Members are asked to: R1. To approve the updated Tenancy Strategy in Appendix A of the report. Reasons for Recommendation To ensure that the Housing Department has an updated Tenancy Strategy covering the types of agreement used by the Council and the preferred approach that the Council would like registered providers to adopt in the Borough.
64. Review of Fixed Term Tenancies Policy Under the Council’s Tenancy Strategy, new tenants were provided with a 12-month introductory tenancy followed by a 5 year fixed term tenancy. Towards the end of the 5 year fixed tenancy a review was conducted to establish whether or not a new fixed term tenancy should be offered or the tenancy concluded and the resident moved to a different property or not offered a new tenancy by the Council. The proposed policy included as Appendix A to the report covered the review process, the potential outcomes and the appeal process for residents. A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Russell to agree the recommendations in the report. Following a discussion a vote was taken and it was RESOLVED that: Members are asked to: R1. To approve the policy. Reasons for Recommendation
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To ensure that the Housing Department had documentation to support the implementation of the review of fixed term tenancies and provide an appeals process for tenants.
65. Policy to enable the discharge of the homelessness duty into the private sector As part of the review of the Council’s Allocation Policy, the approach to discharging the duties to homeless households into the private sector had also been reviewed. Currently there was no written policy covering this area of activity and to clarify the Council’s approach to this issue a separate policy was recommended. The report sought Member approval for a policy when we assist homeless households into the private rented sector. If adopted, the new policy would formalise our current approach, the approach to implementing the policy, the suitability of offers in the private rented sector and sets out the right to review by the households affected. If approved the policy would be implemented at the same time as the updated Allocations Policy. A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Russell to agree the recommendations in the report. Following a discussion a vote was taken and it was RESOLVED UNANIMOUSY that: Members are asked to: R1. To approve the Policy to enable the discharge of the homelessness duty into the private sector. Reasons for Recommendation To ensure that the Housing Department had a policy covering the discharge of the homelessness duty into the private rented sector.
66. Strategic Housing Delivery Plan A vote was taken on Standing Orders and it was UNANIMOUSLY AGREED to extend the meeting for half an hour. The report summarised progress since the last report to Committee on 16 March 2021 on the development of a pipeline of new affordable homes through the development and regeneration of various Housing Revenue Account (HRA) owned sites. As a reminder, this Strategic Housing Delivery Programme (SHDP) is currently made up of two elements, 1) the regeneration of Brookfield Close and Courage Court, Hutton resulting in a planned 62 zero carbon homes and 2) the development of a range of smaller HRA sites to deliver new homes. All of these new homes will contribute to and be managed within the Council’s HRA. The Council’s Corporate Strategy ‘Brentwood 2025’ commits to
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Introducing “innovative Carbon reduction and absorption schemes”, “identify opportunities for low emission and green developments” and using ‘brownfield sites efficiently, such as council owned garage sites, to provide affordable homes…”. The Chair wanted to thank and acknowledge the work from Lauren, Amy, Kate and Sophie during the project so far. A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Russell to agree the recommendations in the report. Following a discussion a vote was taken and it was RESOLVED that: Members are asked to: R1. Subject to planning permission being granted, proceed with the next technical stages of design for Brookfield Close and Courage Court regeneration, with a final costed assessment to be reported to this Committee before any final approval to proceed. R2. Approve the ‘Regeneration Offer’ to residents affected by the Council’s housing regeneration activity attached as Appendix B to the report. R3. Commence the process of the decanting of residents at Brookfield Close and Courage Court under the terms specified in the ‘Regeneration Offer’ including the buyback of privately owned property. R4. Approve the ‘New Affordable Homes Strategy 2021-2028’ attached as Appendix A to the report. Reasons for Recommendation The report updated Members on progress on what is a key strategic priority, the delivery of new affordable homes and requests approval for critical next steps towards regeneration.
67. Urgent Business There were no items of urgent business and the meeting closed at 9.15pm.
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Housing staff survey A survey for Tenants and Leaseholders (STAR) survey was sent out to all tenants and leaseholders week commencing 23rd August asking them to share their views on the services we provide so we can use the feedback to improve our services. The survey is being carried out for Brentwood by MEL Research who are a social research and behavioural insights consultant. All surveys are anonymous but customers are able to leave their contact details should they want to be contacted about specific issues and customers are able to opt out if they wish. The survey closes on 15 September and then results will be analysed by MEL research. We expect to get feedback from the results at the end of October and will develop an action plan and will report to Committee in December with the results and action plan. Tree Planting Two public consultations have been successfully completed with a third proposed for the evening of 23rd September covering the whole topic of tree planting for climate change. Work to prepare the ground will be ongoing with a meeting of all participants (Forestry Commission, Thames Chase, Essex County Council) due soon. Opportunities for voluntary input by residents groups and charities are being worked up with the Arbicultural Officer talking to Rotary on the evening of 20 September. Consultation work on the Essex Joint Municipal Waste Strategy (JMWMS) The Waste and Emissions Trading (WET) Act 2003 obligates local authorities to maintain a Joint Strategy which considers how household and other similar wastes are managed. It requires the authorities to formulate and keep under review appropriate policies to deliver the strategy, consider government guidance and all relevant legislation and consult with the public and other bodies. Essex County Council are the lead authority and required to bring together the joint strategy, as such they have approached all authorities with a view to developing a new fit for purpose strategy. The present strategy has been in place since 2007. The Essex Joint Municipal Waste Strategy (JMWMS) is therefore considered no longer fit for purpose as it is no longer aligns with national waste strategy, does not consider the latest legislation, lacks future targets and is not reflective of the ambition of other local council’s.
Committee(s): Environment, Enforcement and Housing Committee
Date: 20th September 2021
Subject: Chairs Update
Wards Affected: All
Public
For
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Agenda Item 3
ECC have engaged with a consultant to work through a programme of work with local
authorities to develop a new joint strategy. This work will:
Develop a partnership vision
Identify suitable service delivery options (including waste collection, treatment
and disposal techniques)
Evaluate options and baseline position
Prepare evidence base suitable for consultation
Refine options/modelling post consultation phase
Prepare interim report and summary for discussion
The work will include consultation and workshops with final draft versions available for
consultation. It is intended that this work will be complete in 2022 with adoption in
2023. It is intended to regularly feedback to this group on updates as the work
develops.
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Committee(s): Enforcement, Environment and Housing
Date: 20 September 2021
Subject: Decant Policy Wards Affected: All
Report of: Tracey Lilley - Corporate Director (Housing and Community Safety)
Public
Report Author/s: Name: Angela Abbott, Corporate Manager (Housing Needs and Delivery) Telephone: 01277 312500 E-mail: [email protected]
For Decision
Summary
This report presents the Decant Policy to the Committee for approval. The policy provides a clear framework for when decants will be used and ensures that the Council adheres to the relevant legislation for making home loss and disturbance payments to residents.
Recommendation(s)
Members are asked to:
R1. To approve the Decant Policy in Appendix A.
Main Report Introduction and Background 1. The Decant policy sets out how the Council’s housing service will meet its
obligations to tenants in the event of a decant being required where the Council
is responsible for this.
2. A number of decant situations are outlined in the policy along with the solutions
the Council will implement.
3. The policy also confirms that home loss and disturbance payments will be
made in line with the relevant legislation. The rate of payment is determined by
Central Government and is reviewed on a regular basis.
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Agenda Item 4
4. The policy also outlines how the Council will approach leaseholders where a
decant is required.
Reasons for Recommendation 5. To ensure that the Housing Department has a policy covering the way that
decants (both planned and unplanned) are managed and how tenants and
leaseholders will be treated.
Consultation 6. Consultation has taken place with the Tenant Talkback group and their
feedback on providing clarity in the policy’s wording has been included.
References to Corporate Plan 7. Drive continuous improvement of our housing services
8. Continue a service improvement programme to ensure our services are
delivered efficiently.
Implications Financial Implications Name/Title: Jacqueline Van Mellaerts, Corporate Director (Finance & Resources) Tel/Email: 01277 312500/[email protected] The report suggests that for temporary decants there is the option to pay discretionary
amounts to tenants for inconvenience caused. These will be decided on an individual
basis and a maximum amount has not been disclosed.
Permanent decants that attract Home Loss payments are currently paid at minimum
£6,500 maximum £65,000. That is due to increase on 1st October 2021 to £7,100
minimum and £71,000. Disturbance payments are a separate payment and include
such costs as removals. With regards to privately owned properties repurchased as
part of a regeneration scheme, conditions may exist which would result in an
increased payment being due. This should be confirmed if applicable. Alongside the
purchase price and Home Loss/Disturbance Payments there will be additional legal
costs to the council. Council Tax and levy (if empty for more then one year) payments
for an empty property are still applicable until the property is removed by the
Valuations Agency and as owner of the property Brentwood Borough Council’s
Housing Revenue Account is responsible. Utility connection costs will apply and
meters need removal as soon as possible. Site security costs are a further
consideration.
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Legal Implications Name & Title: Amanda Julian, Corporate Director (Law & Governance) and
Monitoring Officer
Tel & Email: 01277 312500 / [email protected] The Council by adopting this policy will mitigate the risk of challenge that we are not
following statuory provisions.
Economic Implications Name/Title: Phil Drane, Corporate Director (Planning & Economy) Tel/Email: 01277 312500/[email protected] There are no direct economic implications. It is important that the Council manages and maintains its housing stock for the benefit of residents. Provision of good homes can bring an indirect benefit to the local economy. Background Papers There are no background papers to this report. Appendices to this report Appendix A: Decant Policy
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Brentwood Borough Council
Decant Policy - Housing Service June 2021 Introduction This policy sets out how the Council’s Housing Service will meet its obligations to tenants in the event of a decant being required. This policy covers the properties owned by the Council in the Housing Revenue Account (HRA) and temporary accommodation supplied by third parties. This policy does not cover the detail associated with leaseholder decants or those decants covering freeholders due to the regeneration of a site, the detail of these will be addressed by an individual Meanwhile Offer for the area or site. This policy does not apply to unauthorised occupants or lodgers or households who are occupying tenancies provided by the council. When considering the decant of tenants, the move will be in accordance with the Council’s Allocation Policy. Scope A decant is where a resident is required to move from their permanent home into alternative accommodation because of unexpected damage or major repair or improvement works that means the resident cannot remain in the property while the work is carried out, or when the property is to be disposed of or redeveloped. It could be a permanent or temporary decant and may involve anything from moving one single household to managing a programme of decants across a large number of properties over a period of time. The Council recognises that the decant process may be upsetting and stressful to residents. We will seek to minimise disruption to residents wherever we are able to so. Residents affected by the decant process may have a legal right to compensation for the loss of their home and/or the costs of moving. Decision to Decant In deciding whether a decant is necessary we will consider.
Household Size
Needs, i.e., medical or disabilities
Preferences, i.e.. Location, property type
likely time periods involved
suitability of alternative accommodation
level of disruption
relative cost of carrying out works with the household in situ against the cost of the decant. The Council will involve and consult residents from the outset, but for our tenants, it is ultimately the Council’s decision as to whether a tenant can remain in a property.
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Appendix A
2
We will ensure that the tenant has received an offer of suitable alternative accommodation. However, if a tenant refuses to move, we will take appropriate legal action to obtain vacant possession. Where a property is owned by the Council but managed by an agent or managed by the Council on behalf of another property owner, or the property is leased; the responsibility for decants will be managed in accordance with the management agreement or the terms of the lease. If the agreement or lease does not explicitly mention decant processes, the property owner and the managing agent/leaseholder (as applicable), will need to agree who will cover the costs of the ‘decant ’prior to any works being undertaken. Types of Decant The following defines the difference between a temporary and a permanent decant.
• Temporary decant when a resident is moved out to enable work or refurbishment of the property to be carried out with the intention of returning them to the property at the earliest opportunity.
• Permanent decant when a resident is moved out of their home and there is no intention of them returning to the property.
This policy covers 5 types of decant:
• Unplanned Emergency Temporary Decant – this is when the property becomes immediately uninhabitable, for example due to fire or flood. The tenant will be offered alternative emergency accommodation and assistance and the aim is for the tenant to return to the property as soon as it becomes habitable
• Unplanned Non-Emergency Temporary Decant - this is where the refurbishment of a property cannot be completed with the tenant in situ either due to the extent of the works being greater than planned or, due to the needs of the occupiers.
• Unplanned Permanent Decant - this is where the damage caused to the property by an incident
(e.g., fire) is so extensive the property will be inhabitable for a long period of time or needs to be demolished.
• Planned Temporary Decant – this is where major repairs and improvements are required and
it is not reasonable for the tenant to remain in the property for the duration of the works, e.g., rectification of major building issues. The tenant will be offered appropriate alternative accommodation and assistance will be provided to the tenant to return to the property on completion of the works.
• Planned Permanent Decant (Management Transfer) – this applies when the property is to be
demolished or has serious defects which render it uninhabitable for safety reasons leading to its eventual demolition or redevelopment. The tenant will be offered permanent alternative accommodation and assistance with the move. Any statutory payments due will be made.
Where an area is to be regenerated, the Council will develop a ‘Meanwhile Offer’ which will inform residents how we will engage with them in the process. This will include leaseholders and private residents. Unplanned Emergency Temporary Decant
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Where an unexpected event has caused a property to become uninhabitable (e.g., fire, flood, loss of water supply) the Council will seek to ensure immediate alternate emergency accommodation is accessible. The decision on whether a property is inhabitable will have regard to professional advice and guidance, including from the emergency services. Every effort will be made to provide “like for like” accommodation in the short term however, this will dependent upon availability of alternative properties In emergency situations accommodation offered may include, depending on availability:
• Council stock. • Council stock – shared facilities. • Bed & breakfast accommodation (which may be out of Borough). • Sheltered Housing Guest Room.
Where tenants have their own contents insurance the Council will assist them to check if the cost of the above and/or provide financial provision for them to consider alternative options. Tenants also have the option of staying with friends or relatives to cover the period of the emergency decant and in this case the rent for their property would not be charged. Where staying with family and friends is the preferred option, a daily allowance per household will be available to the tenant to compensate their relative or friend for the inconvenience and additional costs. In exceptional circumstances the council will consider whether a larger sum is appropriate. If the family or friends are not in the local area, we will also consider paying reasonable travel costs for the tenant to stay with them. The sum is payable per night and is intended to cover both food, drink and the accommodation, whilst alternative accommodation is secured. If the situation occurs out of office hours, and the tenant cannot go to family or friends we will arrange emergency temporary accommodation until a full assessment can be made on the next working day (or up to three nights if it occurs during a Friday evening). Once the situation has been assessed, the ‘decant ’may be classified as an unplanned non-emergency temporary decant (e.g., due to flooding), or an unplanned permanent decant (e.g. after a major fire where the property would have to be demolished). Unplanned Temporary Decants (non-emergency) Where unplanned repair work is required that cannot be carried out with the resident in situ, but requires the resident to vacate immediately, alternative temporary accommodation will be arranged when work is due to be completed. Consideration will be given to the likely timeframe to complete the repair, the availability of suitable accommodation and the relative costs of each option. For these decants, the following principles apply:
• The Council will seek to use its own supply of temporary accommodation wherever possible; if the Council is not able to provide temporary accommodation at our designated sites or this does not meet the needs of the household, the Council may use one of its own void properties. Where this is not available, we will consider a different option.
• The temporary transfer will be as long as it takes to complete the repair works. • The tenant continues to hold the tenancy of their original home at all times. • The temporary home supplied from our void stock is let on a temporary license, and the tenant
has no right to remain in the decant property once work to their original home has concluded.
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Unplanned Permanent Decants A permanent decant may be required where the damage is so extensive that permanent rehousing is necessary e.g., a major fire. A permanent decant will also be considered where the work is expected to take a long time i.e., more than 6 months and the tenant would prefer to move permanently. Planned Temporary Decants A planned temporary decant may be required where works such as damp proofing, structural works or asbestos removal are to be carried out and would leave the resident without basic facilities for a period of time or because of a health and safety requirement, but the resident will be able to return on completion of the works. For these decants, the following principles apply:
• The Council will use its own temporary accommodation wherever possible. If the Council is unable to provide temporary accommodation or this does not meet the needs of the household, the Council may use a void property.
• The move only lasts as long as it takes to complete the repair or improvement works. • The tenant remains a tenant of their original home at all times. • The temporary home from our void stock is let on a non-secure license, and the tenant has no
permanent right to remain in the decant property • The tenant will usually only be made one offer of temporary suitable alternative accommodation.
However, ff the tenant wishes to remain permanently in the temporary decant accommodation, at its discretion, the Council may approve such a request, where for example the permanent move would address an existing housing need such as overcrowding under our Allocations policy, and there are no outstanding rent arrears or other breaches of tenancy. The decision would be made in accordance with the Council’s Allocation Policy and any relevant nomination agreements. Planned Permanent Decants A permanent decant may be necessary where it is planned to either dispose of, demolish and/or redevelop the property, remodel the whole block or estate resulting in a different number or properties and/or property sizes, or to alter the property to the extent that it is no longer suitable for the existing tenants needs. The Council will work closely with affected tenants and residents at all stages to support them through the process and help find suitable alternative accommodation. The following principles apply:
• The Council’s tenants who are required to move due to demolition and/or redevelopment are given urgent priority in line with the Housing Allocation Policy in order to facilitate a move as soon as possible.
• Where a new development is planned, residents may not automatically have the right to move to the new properties once built.
• Where the Council has already started possession proceedings against a tenant, prior to the decant, we will continue with the legal action to end the tenancy.
• Existing Council tenants will be offered a like for like tenancy. Where the tenant has a 5-year flexible tenancy, a new full 5-year tenancy will be offered.
• The Council will provide support tailored to meet each households needs. • Tenants may be given priority to bid for the Council’s properties but if they have not successfully
bid in accordance with the time limited categories in the Allocations Policy, we will match tenants to voids that become available and make at least two offers of suitable alternative accommodation.
Tenant Consultation
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Tenant and resident consultation and involvement will comply with legal requirements. In a non-emergency situation, the consultation will be completed before it is necessary for anyone to move. Consultation that forms part of the planning process does not form part of this Policy. If a planned decant is necessary, then tenants will be allocated a designated Officer and invited to discuss the situation at the start of any project. The Council will seek to discuss:
• What the proposed project is and why it is being undertaken. • When it will be done, or likely timescales. • The decant policy and process (tenants and qualifying owner occupiers only). • What choices there are and how these can be made. • What the Council will do to help tenants prepare for any work and support whilst this work is
being carried out. • Named contact officer for the duration of the programme.
Suitable Alternative Accommodation Suitable alternative accommodation means accommodation which provides the tenant with the equivalent security of tenure and is similar with regards to rent, size, situation etc. as required under ‘Schedule 2, Part III of the Housing Act 1988 and meets the tenants ’needs as set out in the Council’s Allocation Policy. Where the tenant is currently under occupying, they will normally be offered a smaller property that meets their current needs, however the Council will consider cases where there are exceptional circumstances which may warrant the offer of a larger property. Wherever possible we will offer like for like in that we will try not to move a tenant from a house to a flat or from a flat to house, but this depends on the availability of properties in the local area and whether it would unreasonably delay the planned works. A flat may be on a different floor from the tenants existing property. However, it will meet any mobility and access needs of the tenant and their household. The Council will have regard to the tenants’ stated preferences in terms of location and proximity to relatives or schools, but it will be deemed as suitable if it is of the appropriate size and the Council considers it a reasonable travel distance to the tenant and partners place of work. Where the tenant has adult children permanently living with them who have expressed a wish to live independently and we are unable to find a large enough property, separate alternative accommodation may be offered to the adult child or children by agreement. If the tenant refuses the offers of suitable alternative accommodation, or refuses to move at all, the Council will take appropriate legal action to gain vacant possession of the property and offer suitable alternative accommodation. Not all circumstances can be easily covered in this policy and the Council will apply its discretion in making any further offers of accommodation or assistance where exceptional circumstances warrant it. Financial Payments to Tenants Under legislation, payments become due to tenants depending upon the permanent decant that is required. These payments include Home Loss Compensation and Disturbance Payments.
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Where there are temporary decants due to emergencies or planned maintenance works, the Council can make discretionary payments to tenants. Each situation will be considered on its own merits. Rent and Rent Arrears For permanent decants the tenant will continue to pay rent until their tenancy ends at their permanent home. If the tenant has arrears of rent or service charges, or other debt owed to the Council, these will be deducted from any Home Loss or Discretionary Payments due, with any remaining arrears being included in the new tenancy agreement as a former tenant arrears agreement. While the tenant is temporarily decanted, they will continue to pay their rent at their permanent home and with no rent due on the temporary accommodation. Where the temporary accommodation does not provide access to cooking facilities e.g., a hotel, the tenant will receive compensation payments. Where the rent of the decant property is lower than the rent at the permanent property we may refund the difference through a rent abatement. If a temporary decant occurs at the time of an annual rent review, the rent on the permanent property will still be reviewed and changed and the relevant rent change notices served. Leaseholders For planned works we will consult leaseholders on any major works prior to any discussion regarding decants. The Council will seek legal advice if we are prevented from fulfilling our repair and maintenance obligations as a result of a leaseholder’s refusal to consider a decant. Where the Council has a statutory duty, leaseholders will be compensated for the loss of their home, otherwise they will be expected to recover their costs through their own insurance cover. The conditions to receive Home Loss and Disturbance Payments are the same as for tenants i.e. the decant must be permanent due to redevelopment or improvement works and the owner or their sub tenant must have been living in the property for 12 months at the date of displacement . Whilst the Council may not have the same duty to provide alternative accommodation to leaseholders as it may for its tenants in respect to temporary decants, the Council will provide suitable alternative accommodation where:
• There is an obligation under the terms of the lease. • The decant is required as a result of the Council’s action’s, failure to act or negligence. • It may help facilitate the progress of essential works
Where there is no obligation to provide alternative accommodation, we may charge the Leaseholder rent under a temporary tenancy. Complaints If any resident believes that they have not been treated in accordance with this policy, they may complain through the Council’s Complaints Procedure.
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Committee(s): Enforcement, Environment and Housing
Date: 20 September 2021
Subject: Meanwhile Offer Wards Affected: All
Report of: Tracey Lilley, Corporate Director (Housing and Community Safety)
Public
Report Author/s: Name: Angela Abbott, Corporate Manager (Housing Needs and Delivery) Telephone: 01277 312500 E-mail: [email protected]
For Decision
Summary
This report presents the Meanwhile Offer to the Committee for approval. The Meanwhile Offer sets out in general terms the approach the Council will take to the management and maintenance of properties and buildings impacted by regeneration.
Recommendation(s)
Members are asked to:
R1. To approve the Meanwhile Offer in Appendix A.
Main Report Introduction and Background 1. The Meanwhile Offer sets out how the Council will approach the regeneration of
sites on its Housing Revenue Account (HRA) land.
2. Specific offers will be development for sites to ensure that the issues impacting
on a site are reviewed and addressed. The specific offers will be approved by
the Director of Housing and Community Safety in consultation with the Chair of
Enforcement, Environment and Housing Committee.
3. The Meanwhile Offer sets how the impact of the regeneration will be managed,
how the Council will work with tenants and leaseholders, and how properties in
the regeneration area will be maintained before and during the regeneration
phase.
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Agenda Item 5
4. By formalising the approach in a document, the Council intends to be
consistent in the approach adopted and working with residents to achieve this.
5. The Council has established a working format through the experiences at
Brookfield Close, where a regeneration offer for the residents impacted has
been developed. This way of working will be developed as further sites are
impacted.
6. The policy also outlines how the Council will approach leaseholders where a
decant is required.
Reasons for Recommendation 7. To ensure that the Housing Department has an approach covering the
management and maintenance of HRA sites impacted by regeneration.
Consultation 8. Consultation has taken place with the Tenant Talkback group and their
feedback on providing clarity in the Meanwhile Offer’s wording has been
included.
References to Corporate Strategy 9. Drive continuous improvement of our housing services. Continue a service
improvement programme to ensure our services are delivered efficiently.
Implications Financial Implications Name/Title: Jacqueline Van Mellaerts, Corporate Director (Finance & Resources) Tel/Email: 01277 312500/[email protected] By having a meanwhile offer, ensures the Council has a consistant approach and will work with tenants as appropiate. There will be possible financial implications as and when decants arise and if home less and disturbance payments are required to be made. This should be factored into the development apprasil of the regeneration projects. All payments will be funded by the Housing Revenue Account (HRA) which is funded by housing rents and service charges and not from the General Fund which is funded through Business Rates and Council Tax.
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Legal Implications Name & Title: Amanda Julian, Corporate Director (Law & Governance) and
Monitoring Officer
Tel & Email: 01277 312500 / [email protected] The Council by having the meanwhile offer procedure in place will have a consistent approach to the application of its statutory duty and therefore will mitigate the risk of challenges. Economic Implications Name/Title: Phil Drane, Corporate Director (Planning & Economy) Tel/Email: 01277 312610/[email protected] The Council’s ambition to regenerate assets for public improvement has important economic growth benefits. It is essential that policies are in place to deliver this regeneration whilst ensuring a consistent approach for those people impacted by development. Background Papers There are no background papers to this report. Appendices to this report Appendix A: Meanwhile Offer
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1
Brentwood Borough Council
Meanwhile Offer Version 4 - September 2021 Introduction The following document sets out in general terms the approach that will be taken by Brentwood Borough Council (the Council) to the management and maintenance of properties and buildings impacted by regeneration. Each regeneration will have different issues to resolve, and the Council will work with residents to identify and put measures in place to address these issues. This document sets out the general approach with specific meanwhile offers being written as and when required. The Council is mindful of its responsibilities under the Public Sector Equality Duty and the general duties within Housing legislation to consult with residents. The Meanwhile Offer will be implemented in this context. The general approach to implementing meanwhile offers will be agreed with the Environment, Enforcement and Housing (EEH) Committee. The Council has established a working format for ‘Meanwhile Offers’ with residents from their experience at Brookfield Close and this will form the basis for the approach to be implemented at future sites. This is sometimes referred to as a landlord offer or regeneration offer. The Council will use the term regeneration offer for consistency in the future. The Director of Housing and Community Safety in consultation with the Chair of Environment, Enforcement and Housing Committee will be asked to approve the meanwhile offer for specific sites. Aims of the Meanwhile Offer The aim of this document is to set out in broad terms the Council’s approach to managing the regeneration of its housing stock and specifically.
• The general approach to regenerating an area. • How the impact of the regeneration will be managed. • How tenants will be rehoused. • How the Council will work with leaseholders. • How the properties in the regeneration area will be maintained before and during the
regeneration phase. A Consistent Approach to regeneration Where an area is to be regenerated the Council intends to adopt a consistent approach in achieving the completion of the regeneration, including:
• The Council will consult with residents, consider their interests, and address the concerns raised. • Current homeowners will be entitled to the market value of their home should they wish to take
the option to sell their home to the Council. • Current tenants will be entitled to be rehoused in a new home of appropriate size considering
the number of people in the household. • Existing Council tenants will keep their current rights and the same tenancy agreement
conditions, including rent levels, at the new property.
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Appendix A
2
• Where possible, we will endeavor to build properties that will be more energy efficient, easier and cheaper to heat than existing properties
• The Council will aim to keep disruption to a minimum and will do what it can to ensure residents only move once if it is necessary to house them temporarily while their new home is being built.
• The Council will offer extra help and support to vulnerable people, older people and/or disabled residents throughout the regeneration works.
• The Council will continue to repair the homes of residents throughout the planning process until regeneration starts, including ensuring an effective responsive repairs service.
• Where an area is due to be regenerated, the Council may decide to stop the allocation of homes to secure tenants and may use the properties for temporary accommodation or let them through a property guardian company.
• Any growth in the number of homes will be in accordance with the Council’s Development Plan, so that it is considered responsible and suitable for the area.
Managing the Impact of Regeneration Different phases of construction will mean that some households will lose their existing home before a new home is available. When this happens tenants will have the opportunity to move to another home in the Borough, either temporarily or permanently. This will help the Council ‘obtain vacant possession of ’(or take back) parts of the estate as they are needed for regeneration, as well as manage the decant process. The Council will ensure people are given notice to vacate their old property in line with our legal duties. The Council will ensure that secure tenants are offered suitable alternative accommodation that meets their need. Where secure tenants refuse suitable offers of alternative accommodation and rehousing by negotiation or voluntary agreement is not possible, the Council will seek possession through the use of appropriate means. Means may include the use of powers under the Housing Act 1985 to secure possession on the grounds of the Council’s intention to redevelop the estate or the use of Compulsory Purchase Order (CPO). The Council is committed to doing all that it reasonably can to support households to move on a voluntary basis by mutual agreement. Support will be provided to tenants to move through the rehousing process with as little disruption as possible and this process will begin with all those affected being assessed through a housing needs survey. Where homes are being managed before and during the regeneration of an area, there is a need for the Council to maintain these homes to a suitable standard. In some cases, there will need to be decisions taken on the property standard and the level of investment required. It may be the case that investment in the homes that are to be regenerated is paused whilst consultation takes place with residents and decisions are made by the Council. This is to prevent the Council investing money in homes that are due to regenerated. Rehousing Options for Tenants The following table sets out the potential rehousing options for secure tenants.
Options Detail
Move straight into a newly built home
When new homes are built the Council will aim, where possible, for new homes to be completed before the need for the tenant to move out of their old property. If you are asked to move, a secure tenant will retain the same terms and conditions.
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Options Detail
Move into another property before the regeneration begins
Where the Council asks for a resident to move, their application may be given additional priority to bid for other homes in the Borough through the Council’s Choice Based Letting (CBL) scheme. This may be with the Council or another registered provider. Alternatively, the Council may consider a direct let to tenants for a specific property. The higher priority means the tenant will have a stronger chance of being offered the property as a permanent rehousing offer. This offer might be attractive if there is a particular estate, family member, friend, workplace or school the secure tenant wants to live closer to.
Move into a sheltered housing scheme
Secure tenants who qualify for sheltered housing may choose to be re-housed in one of the sheltered housing schemes in the Borough.
Become a homeowner through a shared ownership scheme
Secure tenants will receive priority for the new homes being built for shared ownership by the Council. As a secure tenant you will need to make your own financial arrangements to ensure you can afford to enter into any such an arrangement.
Move into temporary accommodation before returning to a home in the regenerated area
As a secure tenant you may be asked to move into temporary housing whilst regeneration takes place, but with the option to return to a new home in the regenerated area. If it is not possible to complete the new-build homes before a secure tenant moves out of their old property, the Council will temporarily re-house the secure tenant until construction of the new home is complete.
Allocation of New or Temporary Accommodation In accordance with the Housing Allocations Policy, the size of alternative accommodation offered will depend upon the household’s housing needs and the number and ages of the individuals who are deemed to be authorised occupants at the time of the move. Consideration may be given to tenants who are currently under-occupying their homes as to whether an offer of one bedroom over their assessed housing need could be made. However, this will only normally be considered if, for example, a resident is in poor health and needs a bedroom for a full-time carer in line with the allocations policy. Furthermore, any request will be assessed by the Council’s Medical advisor in line with the guidance set out in the Housing Allocations Policy. Applicants requiring wheelchair/mobility homes will be assessed in line with the Housing Allocations Policy and property allocated as appropriate, in accordance with the household’s needs and an Occupational Therapist assessment. The Council will provide information required to bid for properties and the date the application will be activated with decant priority. The Council will also confirm an estimated time period that a secure tenant can expect to wait until returning to the newly regenerated area, if exercising the option to return. The Council will support tenants through the process with information on request to answer any questions about the assessment and decant process. Where needed the Council will bid on behalf of vulnerable residents to ensure that their needs are addressed.
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4
Where needed a time limited period will be given for residents to self-bid before the Council auto bids on their behalf. The Council will also consider direct letting of specific properties to tenants in accordance with their housing needs and requirements. This will ensure that unnecessary delays to the regeneration can be avoided, and the needs of the resident are met. Decants Where tenants need to be decanted, the Council will implement its Decant Policy. The decant programme will move households either on a temporary basis, whilst new homes are being built (a temporary decant), or directly from their current secure tenancy to a new home (a permanent decant). Information will be developed to support the decanting programme, including:
• The Local Lettings Plan (LLP) - that covers the allocation of the new homes in the regenerated area
• The decant strategy - this is a plan that will identify the priority of rehousing some tenants and some blocks or properties for decanting.
• A ccommunications plan explaining how the Council will keep those affected informed. Rehousing Options for Leaseholders The following table sets out the rehousing options for leaseholders.
Options Detail
Move into a sheltered housing scheme
Leaseholders who qualify for sheltered housing may choose to be re-housed in one of the sheltered housing schemes in the Borough, if they meet the eligibility for the housing register.
Become a homeowner through a shared ownership scheme
Leaseholders will receive priority for the new homes being built for shared ownership by the Council. As a leaseholder you will need to make your own financial arrangements to ensure you can afford to enter into any such arrangement.
Buy back of a property from a leaseholder
In those areas affected by regeneration, the Council will purchase from the leaseholder in Council owned blocks (i.e. where the Council is the freeholder) the privately owned properties in the blocks affected. The valuation of the property will be agreed in line with a property valuation provided by a third party.
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Financial Payments Financial payments to secure tenants will be made in line with the Council’s decant policy and these are referred to as Home Loss and Disturbance payments. The Council will discuss the payments that are available with households at the appropriate time. Financial payments will be made in line with the valuation achieved at that time to purchase a leaseholder’s property. Support available to Vulnerable Tenants Tenants will be supported through the decanting process and will be asked to work closely with officers to ensure the application, rehousing process and subsequent moves go as smoothly as possible with minimal disruption for tenants. Council Officers will support households who have been identified as vulnerable people, older people and/or disabled people, working with support professionals and housing staff where appropriate. Additional practical support can be undertaken by the Council where required which can include, the organisation of removals, arranging the disconnect and reconnection of white goods and utilities. Maintenance of the Buildings Before and During Regeneration The Council will continue to repair and maintain occupied buildings to ensure that they are safe and comply with health and safety standards before and during the regeneration phase. This includes the repairs for secure tenants and within the communal areas of buildings. In some cases, the Council may consider the use of Property Guardians for properties in a regeneration area where the cost of maintaining the Council’s lettable standard does not represent value for money. Use as Temporary Accommodation Where there is a plan to regenerate an area, the Council will decide the point in time that any vacant properties are no longer to be let to secure tenants. This is to avoid letting a property to a household on a permanent basis only to then involve them in the regeneration phase. In this situation, the Council may decide to use the properties that become available for temporary accommodation. Where this is the case, the homes will meet the Council’s lettable standard and help to support the response to homelessness or the regeneration of other areas by providing accommodation. Property Guardians Where a property is left vacant due to regeneration and where the Council has decided that it is not suitable to be let to tenants due to the cost of meeting the Council’s lettable standard, the Council will consider the use of property guardians. There is no statutory or official definition of a property guardian, however a property guardian is someone who has entered into an agreement to live in a building or part of a building that would otherwise be empty for the primary purpose of securing and safeguarding the property. This is a property let by a property guardian company at a rate that is significantly less than the current rent charged.
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The Council will identify a suitable property guardian company through a procurement process, this ensures that safeguards are in place for the people who live in the properties. In addition, regular checks will be made on the safety requirements of the properties (e.g., gas and electric checks). This arrangement will provide the Council with an income from the properties, without the need to invest funding into achieving the lettable standard where the property will be regenerated. The properties will meet the required standards for health and safety (e.g., gas and electricity checks) but may not meet the decent homes standard (e.g., for the age of the kitchen or bathroom). The Council will work with a property guardian company that finds residents (“property guardians”). The Council will have no legal relationship to the property guardians who live there temporarily and will not be responsible for the rehousing of this group when this arrangement comes to an end (i.e., at the start of the regeneration).
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Summary
The current Empty Homes Strategy expired in 2020 and an updated document and
delivery plan is required to take forward action in this area.
The Council can have anywhere from between 300 to 450 empty homes at any one
time. Many of these are in transition from being moved into, redecorated, rebuilt etc.
The aim of this strategy is to have a process in order to tackle the longer term empty
homes and create a path to bring them into occupation.
An updated strategy document (Appendix A) and delivery plan (Appendix B) have
been created based on good practice.
Recommendations
Members are asked to:
R1. Approve the Empty Homes Strategy and action plan. R2. Approve the recruitment of a part time empty homes officer
Main Report
Introduction and Background The current Empty Homes Strategy expired in 2020 and this paper brings before
members an Empty Homes Strategy for agreement (Appendix A).
Committee(s): Environment, Enforcement & Housing Committee
Date: 20 September 2021
Subject: Empty Homes Strategy Wards Affected: All
Report of: Greg Campbell, Corporate Director (Environment & Communities)
Public
Report Author/s: Name: Greg Campbell, Corporate Director (Environment & Communities) Telephone: 01277 312738 E-mail: [email protected]
For Decision
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Agenda Item 6
The council has a general obligation to consider the provision of housing in its area,
The provision of an appropriate Empty Homes Strategy assists in fulfilling this
obligation.
The Council can have anywhere from between 300 to 450 empty homes at any one
time. Many of these are in transition from being moved into, redecorated, rebuilt etc.
The aim of this strategy is to have a process in order to tackle the longer-term empty
homes and create a path to bring them into occupation.
Until recently the responsibility of chasing and pursuing the re-occupation of empty
homes fell on Environmental Health officers as another part of their role. This has
proved difficult to progress because of the number of competing priorities these
officers have and therefore although some action has been taken it has not proved
successful so far. The Council is therefore seeking to recruit the services of an empty
homes officer (part time) to take on the delivery of the strategy.
Issue, Options and Analysis of Options The present process was reviewed not only because it had expired but also to
consider how the strategy can assist to facilitate bringing longer term empty homes
back into occupation.
We work with our Revenues and Benefits Service in the initial stages of the process
who undertake the following initial intervention work:
A monthly list that provides information on the empty homes is created which
includes information on:
o those which have been empty for 6 months to 2 years,
o those over 2 years and
o those which are empty and unable to be filled (Class D).
o This list also contains information as to why the properties are empty.
undertake initial reviews and site visits including empty home spot checks.
credit checks are undertaken to see if they are in operation and
letters of intent are sent to the owners.
To assist, a snapshot of the empty homes information that Revenues and Benefits provide is listed below. Considering the figures provided and looking at the highest figure of 412 empty homes in March 2021, this represents 1.2% of homes in Brentwood based on 33,000 homes and of these 0.86% are between 6 months and 2 years. And only a small percentage 0.33% of these homes in Brentwood are over 2 years.
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As @ 15/03/2021
As @ 21/05/2021
Empty for between 6 months and 2 years 286 266
Empty for more than 2 years 108 113
Empty and uninhabitable 18 17
Total 412 396
In order to keep the figures low the work undertaken by revenues and benefits is listed below. The sample used is from the week of 17/05/2021 - 21/05/2021.
visited 478 identified empty properties (including those under 6 months).
In doing so they confirmed that 248 remained empty,
there were 172 which could not be established as to whether they were
empty or not
so further investigations would take place including credit reference checks
and letter of intention sent.
58 of the properties visited were identified as occupied and canvass letters
sent to capture the residents/owners details as well as credit reference
checks for these if required.
Empty property visits are carried out every 4 to 6 weeks as well as ad hoc when required. The Revenues & Benefit Team manage the administration of this function, including all post, evidence, phone calls, emails and referrals to the Valuation Office Agency.
Further it should be noted that many of these empty homes continue to pay their
Council Tax which increases over a period of time above the normal rate. Some of
this Council Tax increases from 100% to 300% and it should be noted that empty
property owners continue to pay this inflated amount.
However, of concern are those properties which remain empty for long periods without
any occupation or sign of occupation and it is this area the Council will be seeking to
tackle through the Strategy and the action plan. In doing so the Council are engaging
the services of a dedicated resource for six months on a part time basis to work on the
long-term empty homes action plan. This officer will pick up the process after initial
work by Revenues and Benefits which will include a tasking group who will determine
initially which empty properties to pursue based on time, location and effect on local
area.
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The following table taken from the proposed strategy identifies the work subsequently
from this point.
Objective Action
Identify and prioritise empty properties
Target empty properties based on the length of time they are empty. Owners are identified and the reason why the property is empty is established.
Provide advice and support
Advice and assistance is provided to the owner to establish the most appropriate course of action to bring the empty property back into use. Where available grant funding can be sought to improve properties so as to bring them back into use. Identify and prioritising empty properties.
Monitor property owners’ actions
Empty domestic properties are monitored to ensure they are maintained so as to avoid detriment to the neighbourhood and where feasible are brought back into use.”
Use of Enforcement Powers
Where other interventions have failed, enforcement action is considered and taken where appropriate to ensure the property is brought back into use.
If the process goes as far as Enforcement Action the options available include, but are not limited to:
• Enforced Sale – Allows the council to force the sale of a property to recover debts owed to the council that are registered as a charge on the property.
• Empty Dwelling Management Orders (EDMO) – Enables the council to secure occupation and responsible management of some privately owned house and flats that have been empty for two years or more.
• Compulsory Purchase Orders (CPO) – Enables the council to purchase and sell an empty property for the purpose of providing housing accommodation or facilities connected to housing accommodation.
(this is not an exhaustive list and other actions are identified in the proposed strategy at Appendix A)
The dedicated resource will take the process to the legal stage at which point a
decision will need to be taken as to whether to pursue or not, taking into consideration
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the impact of bringing the property back into occupation, likely outcome of legal action
and the cost of legal action.
The Strategy is before members to approve and includes information on when performance will be bought back to this committee for review. Consultation Consultation has been undertaken with:
Section 151 Officer
Revenues and Benefits Service
Environmental Health
Implications Financial Implications Name/Title: Jacqueline Van Mellaerts, Corporate Director (Finance & Resources) Tel/Email: 01277 312500/[email protected] There is currently no budget provision available for a part time officer to deliver this strategy. However, since 2020/21 a Council Tax levy has been applied to long term empty properties. This income is received in the collection fund and Brentwood’s surplus/deficit is transferred to the general fund at the end of the following year. With the properties currently being charged this levy, it is expected the Council will collect approximately £134k as the billing authority and Brentwood’s share will be approximately £15k. This income could be used to fund the part time officer that has been requested to deliver the strategy. Additional enforcement and legal costs will expect to be spent as part of this initiative, which would be monitored as part of the Council’s budget monitoring processes, from existing budgets. A new Job description will be required and undergo a evaluation process to understand the salary grade of the position required. Although the levy income will reduce the more long term empty properties are turned back into useable housing, the Council Tax base would increase, therefore attributing more Council Tax Income for the borough. Reduction in long term empty properties will also have an increase in New Homes Bonus funding, however this scheme is subject to change and is currently only being renewed on a 1 year settlement. Legal Implications Name & Title: Amanda Julian, Corporate Director (Law & Governance) and
Monitoring Officer
Tel & Email: 01277 312705/[email protected]
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Local authorities are not under a duty to prepare an Empty Homes Strategy, irrespective of tenure. By having a strategy, we can provide a framework of how we deal with empty homes. Economic Implications Name/Title: Phil Drane, Corporate Director (Planning and Economy) Tel/Email: 01277 312610/[email protected] It is important that the Council reduce the number of empty homes in the borough as much as possible. Fewer empty homes will result in more homes being occupied and those people contributing to the local economy. This will assist with the levels of growth required in the borough for new homes, as was a topic of discussion at recent Local Plan examination hearing sessions. Other Implications (where significant) – i.e. Health and Safety, Asset Management, Risk Management, Section 17 – Crime & Disorder, Sustainability, ICT. Background Papers Appendices Appendix A – Draft Strategy Document Appendix B - Delivery plan
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APPENDIX B Brentwood Borough Council
Empty Homes Strategy 2021-2026 Delivery Plan
Objective Area Actions Completion Date
Identify and Prioritise Empty Homes Maintain information on the long-term empty homes
Maintain an empty property database containing information provided by Council Tax
October 2021
Maintain information on the empty homes collected through investigations, reviews and complaints
October 2021
Prioritise the risk of empty properties
Risk assessment known empty properties and identify the actions for proactive enforcement
November 2021
Investigation Contact property owners and establish the reason for the empty home and when it will be Brough back into use
Continue
Site visits to assess condition Continue
Provide Advice and Support Offer advice Work with owners to offer advice and assistance Continue
Plan of action Following contact, agree a plan of action with the property owners.
Continue
Information for landlords Develop web pages for property owners on the support and assistance available
January 2022
Promote the strategy To promote the strategy within the Borough on an annual basis to coincide with “National Empty Homes Week”.
February 2022
Working with Registered Providers Explore the options of working with local Registered Providers to bring back empty properties into use.
February 2022
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Appendix A
Objective Area Actions Completion Date
Monitor Property Owner’s Actions Monitoring Monitoring of the action taken and the outcomes achieved. November 2021
Committee reporting Report Annually to the Environment, Enforcement and Housing Committee on the actions taken. To be reported at the same time as the Housing Strategy.
April 2022
Use of Enforcement Powers Implementation of enforcement powers
Consider appropriate enforcement action based on the priority of the property and the action needed
Continue
Effectiveness of enforcement powers
Review the effectiveness of the voluntary and enforcement action taken.
April 2022
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Brentwood Borough Council
Empty Homes Strategy 2021 - 2026 Draft April 2021 Introduction In common with many other Councils, Brentwood faces an increasing shortage of affordable homes for its residents. This gives rise to increased homelessness and difficulty accessing affordable accommodation for many people. Empty properties seriously affect the lives of people in the vicinity and can be a magnet for anti-social behaviour and an unnecessary drain on public services. Tackling empty homes will not only help provide additional much-needed homes within the district but will contribute to the improvement of the local environment and benefit communities. This Strategy aims to identify the causes of empty properties, why they remain empty and a clear action plan showing how we intend to reduce this number. The overarching aim of this strategy is to help alleviate the housing need within the district, to offer wider housing choice to residents and to reduce the detrimental effect empty properties can have within the community. Objectives In order to achieve our over-arching aim to bring empty properties back into use, this strategy focusses on the delivery of 4 key objectives:
• To identify and prioritise empty homes - for action to be taken.
• Provide advice and support - to help homeowners with their empty home.
• Monitor property owners’ actions - to ensure that the home is no longer empty.
• Use of enforcement powers - to ensure the empty home is brought back into use where the owner has not voluntarily done this.
What is an empty property? There are broadly two main types of empty residential properties; transactional empty properties and long-term empty properties. Transactional empty properties are generally empty up to six months, usually due to a change in tenant or ownership and are part of the normal cycle of people moving house; though they may be empty longer should they be subject to major renovation works. Although transactional empty properties are less of a priority to the council, they can still present a concern should their condition become a hazard or contribute towards a poor street scene. In some instances, a property may be empty or appear empty, but is not classed as empty. A property does not have to be used all the time to be classed as occupied. For example, if it is:
• A second home or a holiday home.
• A property which is part of a wider regeneration programme and could be in the process of being developed or marked for demolition.
• A property which has pending planning permission, could be waiting refurbishment or could be waiting for new occupants to move in.
• A property where the owner is living elsewhere to provide or receive personal care. Homes that have been recorded as empty for more than 6 months are classified as long-term empty by the Council. The Ministry for Housing, Communities and Local Government (MHCLG) classes problematic empty properties as those that are inactive in the housing market and have been empty for more than 6 months.
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Appendix B
Why do properties become empty? Properties that have been empty for more than six months usually have an underlying problem. When properties have been empty for more than two years, it is likely that they will stay empty and decline without intervention. Long term empty properties can become a hub for crime and attract vandalism and anti-social behaviour. They can become run down, fall into disrepair, have overgrown gardens and blight the surrounding properties and neighbourhood. Neighbouring owners may be particularly dissatisfied and may find their house value has diminished or may be difficult to let or sell. Bringing long term empty properties back into use is a priority for the Council and will contribute to increasing the supply of homes. Most empty properties are privately owned. There are many reasons for properties being left empty, some are easily categorised, and other circumstances are more complex with owners having their own individual reasons for keeping their property empty. Some of the most common barriers that exist for owners of long-term empty properties that are preventing them from returning their property back into use include:
• Issues with inheritance and/or delays with probate.
• lack of finance to carry out necessary repairs and/or refurbishment; perceived problems associated with letting of properties.
• Owner unwilling to bring the property back into use. The National Context Since 2010 the Government has placed considerable emphasis on the importance of returning empty homes to use. Statistics published by the MHCLG put the number of empty homes in England in October 2017 at 605,897. Of these 205,293 were classed as long-term empty homes (empty for longer than six months). In 2018 ‘Empty Homes ’a national campaigning charity published a report entitled ‘Empty Homes in England’. This report identified an upward trend nationally for empty homes in 2018 after 10 years of a downward trend. It made several recommendations that have also been published in the House of Commons Briefing Paper no. 3012 June 2018, Empty Housing:
• Local authorities should have an empty homes strategy for their area, with the aspiration to reduce the number of long-term empty homes.
• Local authorities and social housing providers should seek funding and allocate resources to buy and refurbish empty properties for people in housing need.
• Local authorities should take a casework approach with owners of long-term empty properties to encourage, advise and support them to bring homes back into housing use. Employing dedicated empty homes staff can ensure that the council is able to act on information about homes, and build up expertise in working with owners, including taking enforcement action where necessary.
• Local authorities with concentrations of long-term empty homes should look at how they can support community-based neighbourhood regeneration approaches.
• Local authorities, particularly in high value areas, should conduct studies to understand the extent and impact of ‘buy-to-leave ’empty or hardly ever used. Where it is an issue, they should review the measures they could adopt to incentivise people to sell or rent those properties, or not to buy properties in the first place with the intention of leaving them empty or hardly ever used.
Since April 2003, powers previously held by central government to vary the amount of council tax paid on some empty homes has been devolved to local level. The aim of this policy was to further incentivise the reoccupation of long-term empty homes by increasing council tax payable or by removing reductions or exemptions that were previously in place. Local authorities are now able to decide whether to apply a discount for properties empty for up to six months and those properties empty and in need of considerable renovation. There is also the option of imposing an ‘empty
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homes premium’ whereby council tax levels are increased by a percentage depending on the length of time they have been empty. New Homes Bonus Launched in April 2011 the New Homes Bonus is a grant paid by central government to local councils for increasing the net level of housing. This bonus is currently for every additional home paid each year for four years. The bonus is based on the amount of extra Council Tax revenue raised for new builds, conversions and long-term empty properties brought back into use. The scheme is intended to act as an incentive for local authorities to have effective empty property strategies. Rewards are only paid for a net increase in housing, meaning that local authorities could miss out on rewards for new homes built if empty property levels are allowed to increase. At a time when local government grant funding has significantly reduced, this provides an added incentive to bring properties back into use. Local Context The following table includes the 5 categories of empty homes for the purposes of Council Tax collection and was correct as at March 2021.
Category of Empty Home
Definition of the category Number of Empty Homes
Of which Owned by
the Council
Empty and Unfurnished
Properties that are empty and unfurnished and have been for more than 6 months. These properties form part of the new homes bonus calculation.
286 25
Uninhabitable for more than 6 months
Properties that are undergoing structural alteration and/or major repair to make them habitable. These properties do not form part of the new homes bonus calculation but are relevant for in terms of potentially bringing back into use. This discount applies for a maximum of 12 months. If still empty after the 12 months expires the property will then become empty and unfurnished and fall under the first tab of empty and unfurnished.
18 0
Long Term Empty Premium
Properties that have been empty and unfurnished for more than 2 years continuously and are now subject to the long term empty premium (currently an additional 50% Council Tax charge). These properties form part of the new homes bonus calculation.
108 3 (Relates to Brookfield
Close)
Second Homes
Furnished second homes. 114 0
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Category of Empty Home
Definition of the category Number of Empty Homes
Of which Owned by
the Council
Empty and Exempt
Properties that are empty but are exempt from Council Tax for a particular reason. The most common being Class F, properties where the liable person has passed away and the property is now empty. This applies until probate is granted. Once probate is granted property is then Class F2 for a maximum of 6 months. Whilst exempt under these codes the property does not have an impact on the new homes bonus. If still empty after the 6 months expires the property will then become empty and unfurnished and fall under the first tab of empty and unfurnished.
296 0
For the “Empty and Exempt” category the following tables confirms the exemption codes that have been used (as at March 2021).
Exemption Code Number of
B - Owned by Charity 9
D - Person in Detention 0
E - in Hospital/Care Home 49
F - Left Empty by a Deceased Person 155
F2 - 6 months following Probate Granted 56
G - Prohibited by Law 4
H - Held by Minister of Religion 2
I - Away Receiving Care 4
J - Away Providing Care 2
L - Mortgage in Possession 0
R - Vacant Caravan Pitch 2
T - Unoccupied Annex 13
Total 296
Our Approach to Empty Properties The Council will work to prevent properties becoming empty over the long term by responding to enquiries about empty properties from the public, undertaking publicity in the local press, participating in local landlord events and forums, and through promotion of its work on the council websites. Where properties do become empty, the council will try and locate owners and starting with an informal approach will work with them cooperatively in an attempt to bring properties back into use. Generally this will take the form of offering advice and guidance. Where this is not successful the
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council will move onto enforcement against the owner to require the property be brought back into use. The Council’s approach to tackling empty properties is summarised in the table below.
Objective Action
Identify and prioritise empty properties
Target empty properties based on the length of time they are empty. Owners are identified and the reason why the property is empty is established.
Provide advice and support
Advice and assistance is provided to the owner to establish the most appropriate course of action to bring the empty property back into use. In some circumstance’s grant funding can be Identify and prioritising empty properties.
Monitor property owners’ actions
Empty properties are monitored to ensure that there are brought back into use within the agreed and appropriate timescales.
Use of Enforcement Powers Where other interventions have failed, enforcement action is considered and taken where appropriate to ensure the property is brought back into use.
The Council follows as investigation process in order to trace owners of empty properties with a view to encouraging them to bring their properties back into us. However, in some circumstances it is not always possible to identify or make contact with owners, or owners are reluctant or unable to bring properties back into use. Under these circumstances, if there is an imminent risk to health and safety the council will consider a number of enforcement options. The options available include, but are not limited to:
• Enforced Sale – Allows the council to force the sale of a property to recover debts owed to the council that are registered as a charge on the property.
• Empty Dwelling Management Orders (EDMO) – Enables the council to secure occupation and responsible management of some privately owned house and flats that have been empty for two years or more.
• Compulsory Purchase Orders (CPO) – Enables the council to purchase and sell an empty property for the purpose of providing housing accommodation or facilities connected to housing accommodation.
A summary of the various enforcement powers that are available to the council in respect of property maintenance and addressing long term empty concerns are described in Annex A Delivery Plan The success of this strategy will be measured against the delivery plan set out in Appendix Two. Progress on the outcomes of this strategy (i.e. the number of empty homes that have been brought into use) will be reported annually to the Environment, Enforcement and Housing Committee alongside the update on the Council’s Housing Strategy delivery plan and performance measures.
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Appendix One – Enforcement Powers The following information confirms the legal powers that the Council has available to deal with the problems associated with Empty Homes. The powers to be used will depend upon the concern and the best legal route to secure the required action. The Housing Act 1985 This Act empowers local authorities to acquire land, houses or other properties from private individuals, for the provision of housing accommodation. The acquisition must be shown to have a quantitative or qualitative housing gain. This power can be used to compulsory purchase empty homes. A raft of legislation supports this power including: • Compulsory Purchase Act 1965 – to serve a Notice to Treat to acquire the property and post
confirmation procedure, • The Compulsory Purchase (vesting declarations) Act 1981 – to make a General Vesting
Declaration under to acquire all necessary interests in the land and property included in the confirmed Compulsory Purchase order,
• Acquisition of Land Act 1981 - compulsory purchase procedure, • Land Compensation Act 1961 - amount and assessment of compensation. The Housing Act 2004 The Housing Act (HA) 2004 provides a number of options for a local authority to take action to bring an empty home back in to use. This includes: • Improvement Notice (s11) • Prohibition Order (s20) • Hazard Awareness Notice (s28) • Emergency Remedial Action (s40) • Emergency Prohibition Order (s43) • Demolition Order (s265 1985 Act as amended) • Clearance Area (s289 1985 Act as amended) The HA 2004 also granted local authorities a powerful tool for returning empty homes into occupation - Empty Dwelling Management Orders (EDMOs). EDMOs can enable local authorities to let out empty homes for up to 7 years, without the consent of the owner. The local authority will be able to carry out repair works on the property and recover their costs from the rental income. If however, the repair works are significant, the costs may not be able to be recovered during the maximum 7 year rental period. In this case, an EDMO would not be feasible. Consequently, analysis of all costs has to be undertaken before an EDMO should be applied for. Building Act 1984 Sections 77 to 79 can be used to require the owner of a dilapidated and/or dangerous building to undertake remedial work for and sites or in emergency situations the local authority can carry out the works and later recover the costs of the works from the owner. Town & Country Planning Act 1990 This legislation can be used to gain entry to or dispose of a property. Environmental Protection Act 1990
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Section 79 to 81 applies where a premises causes a health risk or nuisance and repair work is required to make it safe. Prevention of Damage by Pest Act 1949 Section 4 might be used to serve a notice on the owner or occupier requiring reasonable steps to be taken to destroy rats and mice on the land. Local Government (Miscellaneous Provisions) Act 1982 Section 29 is used where a property is not effectively secured against unauthorised entry or is likely to become a danger to public health. The local authority may undertake works to prevent unauthorised entry to the building or prevent it becoming a danger to public health. This legislation may also be used to request information from the owners of properties and anyone (including companies) who have an interest in the property. Anti-social Behaviour, Crime and Policing Act 2014 Local authorities can serve notices on owners of empty properties that are in a poor condition. Public Health Act 1961 Section 34 allows local authorities to serve notice on an owner to remove a nuisance or gives local authority power to do so in the default of the owner. The Local Government Act 2003 The Local Government Act 2003 has introduced the ability for local authorities to limit the reduction of council tax on holiday / second homes to 10%, reduce other empty property discounts and vary the discount exemption classes. The Act also enables councils to share council tax data between departments to make empty homes strategies more effective. Local Land Charges Act 1975 Where an Owner has not complied with certain Statutory Notices, the local authority may undertake works in default of a Notice and recharge the cost of the works to the Owner. This debt may be registered as a Local Land Charge. Law of Property Act 1925 Where there is a financial Charge registered in Part 2 of the Local Land Charges Register, a Local Authority has the power to enforce that Charge via the Enforced Sale Procedure. The power to carry out an enforced sale is within the Law of Property Act 1925. This is essentially a method of debt recovery and a measure of last resort; however, it can be used as a tool for regeneration in certain circumstances. Section 20 of the Limitations Act 1980 sets out that enforced sales action must be taken within 12 years of the right to receive the money arising. Human Rights Act 1998 When deciding whether to go forward with an Enforced Sale Procedure or Compulsory Purchase Order, consideration must be given to the Human Rights Act 1998. In particular, selling property belonging to a third party engages Article 8 of the Act, namely ‘the right to respect for .... private and family life ..., home and ... correspondence. ’Also, Article 1 of Protocol 1 is also engaged, namely ‘... the peaceful enjoyment of possessions ... ’Therefore, interference is only permitted if
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such action is considered proportionate. The individual’s property rights have to be balanced against the general benefits to the community if the property were to be brought back into use. Data Protection Act 2018
The Data Protection Act 2018 seeks to strike a balance between the rights of the individual and the competing interests of others with legitimate reasons for using personal data.
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Summary
This report summarises progress since the last report to Committee on 5 July 2021 on the development of a pipeline of new affordable homes through the development and regeneration of various Housing Revenue Account (HRA) owned sites. As a reminder, this Strategic Housing Delivery Programme (SHDP) is made up of two distinct elements, 1) the regeneration of Brookfield Close and Courage Court, Hutton to develop 62 zero carbon homes and 2) the development of a range of smaller HRA sites to deliver a further 80 Zero Carbon homes on a further 8 council owned sites. All of these new homes will contribute to, and be managed within, the Council’s HRA. In addition, this report also updates Members on progress with the conversion of 17, Crescent Road, Brentwood, a vacant double fronted Victorian villa style house in some disrepair into two new apartments. The Council’s Corporate Strategy ‘Brentwood 2025’ commits to Introducing “innovative Carbon reduction and absorption schemes”, “identify opportunities for low emission and green developments” and using ‘brownfield sites efficiently, such as council owned garage sites, to provide affordable homes…”.
Recommendation(s)
Members are requested to:
R1. Note the new affordable homes programme viability assessment in the
report and approve:
a) the continuation of financial and technical assessment across the
small sites programme to inform a final report to this Committee
on the viability of the programme; and
b) the commencement of the tendering process for a construction
partner for the redevelopment of Brookfield Close and Courage
Court.
R2. Consider the options available for the redevelopment of Ingleton House and identify the preferred option for further delivery assessment.
Committee(s): Environment, Enforcement and Housing Committee
Date: 20 September 2021
Subject: Strategic Housing Delivery Plan Wards Affected: All
Report of: Tracey Lilley, Corporate Director (Housing & Community Safety)
Public with Exempt Appendices
Report Author/s: Name: Ian Winslet, Strategic Housing Consultant Telephone: 0777 0384141 E-mail: [email protected]
For Decision
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Agenda Item 7
Activities undertaken since the last report on 5 July 2021 Brookfield Close and Courage Court Regeneration Update 1. Planning permission was granted for this regeneration on 29 June 2021 and the
‘Regeneration Offer’, as approved by this Committee on 5 July, published, and
sent to all affected residents in mid-August. One to one discussions have
commenced once again with residents to explain the offer in more detail,
answer questions and to understand further residents’ aspirations and needs.
The discussions continue to be captured in a comprehensive database by the
engagement team put in place specifically for this programme. Discussion is
ongoing with the Council’s own tenants about their relocation to other Council
owned homes. A number of offers have already been made. Local Valuers,
Mass & Co, have been engaged to support the valuation of six private homes
that the Council proposes to acquire to facilitate the regeneration.
2. A further viability assessment has been undertaken for this 62 new home
scheme and included in the ‘Programme Viability’ section to be found later in
this report.
3. Post planning technical assessments are being undertaken, including ‘Bat
Survey’ during the last weeks of August and early September and intrusive
survey work on an empty property in Courage Court. The empty bungalows at
Brookfield Close have had greater security screening provided to doors and
windows following reports of intruders. Services/utilities are also being
removed in preparation for demolition in due course. All but a handful of
garages on the site have had their leases terminated, again in preparation for
improved site security and any eventual demolition.
4. Ward Councillors have been kept updated on progress
Small Sites Programme Update
5. Following the appointments of Pellings LLP in May 2021 as the Council’s
technical advisors, Stage 1 reports have been completed which include draft
layout drawings, programme timeline, costs and risks for each of eight sites.
The costs and revised new homes numbers have been subject to a further
viability assessment which is summarised in the ‘Programme Viability’ section
later in this report.
6. In total, this small sites element of the programme accounts for 80 new zero
carbon homes across eight existing Council owned sites. Topographical and
Measured Building Surveys, Utilities Search, Arboriculture Survey, together with
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Preliminary Risk Assessment (contaminated land) and Transport Technical
have been commissioned. Once signed off, Stage 2 concept designs will be
developed. The programme is targeting planning application submissions by
the end of the calendar year. Where existing tenants are directly affected by
the programme, consultation will commence in October 2021.
17 Crescent Road Update
7. Planning Permission for the conversion of this vacant property into two x 2-
bedroom three person apartments was approved on 29 June 2021. Since then,
a ‘Tender Pack’ has been developed which went live on 01 September 2021. A
number of surveys have been undertaken including asbestos in preparation for
the appointment of contractors and commencement on site, and future
addresses 17 and 17a, Crescent Road, have now been registered. The
anticipated timetable for this scheme from now until contract commencement is
as follows:
Key Event Date
Issue of Invitation to Tender Wednesday 01 September 2021
Closing date for bidders’ questions Friday 17 September 2021
Closing date for Tender submissions Friday 24 September 2021
Notification of result of evaluation Friday 01 October 2021
Expected date of contract award Friday 08 October 2021
Contract Commencement Monday 01 November 2021 (TBC)
8. Ward Councillors have been kept updated on progress.
Emerging Phase 2 Programme
9. Work is now commencing on future phases of the new homes programme. The
delivery team is in active discussion with London Borough Newham officers
about how the two Council’s might work together on future delivery, for shared
benefit, on Newham owned sites in the Borough.
10. NPS Group has been engaged to support an assessment of how older
sheltered bungalows, especially those with very poor construction or thermal
efficiency might be improved or regenerated. One site in Pilgrims Hatch has
been identified for such an assessment. Ward Councillors have been engaged
in early discussion and site visits and a report will be presented to this
Committee in due course.
11. A number of estate offices, no longer in use, are also the subject of review.
Assessment will commence on these once Phase 1 Small Sites programme
has been submitted for planning.
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Programme Funding Support
12. Discussion with Homes England took place on 09 September to provide an
update on the Council’s programme. As a result, a prudent level of grant per
unit has been assumed in the latest programme scheme viability assessments.
13. An up-to-date assessment has been made on Section 106 Affordable Housing
contributions that are available to support the delivery of new homes. Currently
there are uncommitted contributions totalling £1,502,421. Consideration will
now be given to how this capital sum might best be used to deliver various
elements of the new homes programme. It might be particularly useful on
regeneration schemes or section 106 new homes schemes where Homes
England grant funding is not available. Some of this capital has been assumed
to support the Brookfield Close and Courage Court regeneration but the wider
use will be the subject of a future report on how this funding might be applied to
for best effect.
Programme Viability Assessment – Stage Update
14. At each stage of the pre-construction development assessment process,
viability is assessed to ensure that the programme will contribute financially to,
rather than cause a drain on, the Housing Revenue Account 30-year Business
Plan. In July, this Committee approved a new Affordable Homes Delivery
Strategy which, amongst other things, laid out the financial assumptions and
criteria that would be used to assess the programme. It is anticipated, that
within a multi-site programme some projects would make a positive financial
contribution, and some be ‘loss making’ against the criteria set. This would be
especially the case where regeneration schemes which include the costs of
things such as decanting and buy back costs make then less viable. The
strategy recognised this likelihood and allowed for the ‘coupling’ of schemes to
present an aggregated programme viability position. As a reminder, the criteria
for testing viability in the Phase 1 programme are:
Output Performance
Criteria
Hurdle Explanation
HRA Loan payback period
maximum
30 Years This is the year at which any
borrowing for the scheme has been
repaid.
Net Present Value (positive
year)
Year 30 Where an NPV is positive at or before
the target year, this shows that the
value of cash coming in is greater
than that going out over chosen
investment period.
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Internal Rate of Return Positive and
greater than
the appraisal
interest rate
In general, any opportunity where an
IRR exceeds the cost of capital is
deemed to be a profitable investment
opportunity. The indicative cost of
capital for appraisal purposes in the
HRA Business Plan is 2%.
15. In the tables below all schemes within the Phase 1 programme have been the
subject of updated viability assessment. The tables show a) the current
position for Brookfield Close and Courage Court, and b) for the small sites
programme of eight sites. For each, the current assessment against various
viability hurdles (above) is shown.
Brookfield Close Stage 2 Viability Assessment (September 2021)
16. Brookfield Close and Courage Court Regeneration is showing a positive Net
Present Value (NPV) at year 30, an Internal Rate of return (IRR) that exceeds
the 2% HRA borrowing rate and the loan repaid at year 28. It therefore now
passes all 3 tests having failed them previously at Stage 1 assessment. The
main changes since the last assessment are in rental income. In the last test it
was assumed that at least 50% of residents would return on their existing rent
rather than new residents being housed and affordable rent levels applied. In
consultation with residents few are looking to return and therefore rental
BROOKFIELD CLOSE & COURAGE COURT
Units 62
Costs Scheme
Acquisition 0
Works 16,263,452
Other costs 3,404,972
Fees and interest 2,717,844
Total scheme costs 22,386,268
Grant and commuted
sum
2,765,000
Long term loan 19,621,267
Repaid in year 28
Sales receipts 12,242,400
Net present value @
year 30
633,014
Internal rate of return 2.68%
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streams increase slightly, which over 30 years makes a significant difference to
viability.
17. The Council’s commuted sums have also been applied to those homes that are
not ‘additional’ by the Homes England definition and therefore not grant
fundable by them. This additional internal ‘grant’ or subsidy was not applied in
the original viability assessment. Given this position, subject to Committee
approval, this scheme will now be recommended for tendering for a main
contractor to undertake the regeneration. Once pricing is received, a final
viability assessment will be reported to this Committee for final approval before
any contract close. NPS who is advising on costs have also reassessed market
values that might contribute to the project when those properties that are either
shared ownership or open market sale are sold. This has also improved slightly
since the last assessment.
Small Sites programme Stage 1 Viability Assessment (September 2021)
18. Two assessments have been undertaken for the eight-site programme, one
showing a 100% affordable rented programme of 80 homes and a further
assessment showing 30% (24 homes) of the programme produced for Shared
Ownership with the balance (56 homes) for affordable rent. The two viability
assessments are shown below.
19. Currently, both scenarios at this Stage 1 show a failure to meet the viability
criteria set which is not unusual and, indeed, was the case with Brookfield
Close at Stage 1. The scheme with some shared ownership shows improved
viability. Further assessment work will be undertaken to define the mix of
tenures that might best support viability together with an assessment on design
SMALL SITES SCHEMES - Rent/30% Shared Ownership
Units 80
Costs Scheme
Acquisition 0
Works 21,900,000
Other costs 1,504,353
Fees and interest 2,563,417
Total scheme costs 25,967,770
Grant 2,492,813
Long term loan 20,041,757
Repaid in year 33
Sales receipts 3,433,200
Net present value @ year 30 -1,895,358
Internal rate of return 1.49%
SMALL SITES SCHEMES - ALL RENT
Units 80
Costs Scheme
Acquisition 0
Works 21,900,000
Other costs 1,504,353
Fees and interest 2,344,135
Total scheme costs 25,748,488
Grant 2,805,085
Long term loan 22,943,398
Repaid in year 37
Sales receipts 0
Net present value @ year 30 -3,635,161
Internal rate of return 0.65%
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and contractor procurement that might lead to lower cost. This work will be
undertaken before a further Stage 2 viability assessment is carried out and
presented to this Committee later this calendar year.
Ingleton House Options Appraisal
20. Earlier this year, residents were moved from Ingleton House following a failure
of water services. The property is now occupied by a security contractors and
the costs associated with this demand an early resolution to this vacant
building. A technical report commissioned after the property was empty
indicated the costs of renovation and reconfiguration approached £400,000
immediately without accounting for future capital costs to improve the buildings
fabric. Prior to the building failing, it had already been included in a future
unspecified phase of the Council’s new homes small sites programme (as
reported to this Committee in November 2020). Given the failure of the building
however and the high level of remedial cost, the property was brought forward
into phase 1 for immediate regeneration.
21. The site is a popular one given its location, and subsequently a number of other
options have been introduced to the Council. Two options (below) are currently
available for consideration with a third, from the Mid Essex CCG for a Health
centre to facilitate the relocation of the new Folly health centre available for
consideration should the Committee request. This option is not as advanced as
the two options presented below, and no further detail is available at this time.
Option 1: Continued Inclusion in the Council’s Small Sites Programme of
new affordable homes.
22. Attached as Exempt Appendix A is the Council’s in-house Stage 1 feasibility
assessment report which offers a high-level view of what the site might offer to
the Council’s programme of new affordable homes. If this option is selected to
go forward, this document will inform the consultation with ward Councillors and
Council residents that might be affected by the development. The offer retains
the existing bungalows, popular with the occupants, and aims to balance a size
and mix that will improve the street scene.
23. Ingleton House is held within the HRA and therefore has been included in the
Council’s own programme of new homes delivery from an early stage and was
reported as such to this committee in December last year. This Stage 1 report
from the Council’s technical team presents a development opportunity for 26
general needs homes, within a timeline that leads to a planning permission
submission by the end of the calendar year.
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24. If this option is chosen to go forward, consultation will commence immediately
with an expectation that layouts and financial viability will be updated and
finalised for pre-planning and a planning application aimed to be submitted by
the end of the calendar year.
Option 2: Delivery of 14 apartments for people with complex learning
disabilities or autism.
25. Attached as Exempt Appendix B is a submission from Transforming Healthcare,
a company specialising in the delivery of homes for people with often complex
needs. Transforming Healthcare approached the Council in late spring this
year with an option for the delivery of specialist housing through a Joint Venture
partnership.
26. The proposal lays out how the Council can achieve the following ambitions:
a. The generation of a capital receipt for the Council and income receipts
for both parties;
b. The best use of existing stock by way of the high-specification
regeneration and responsible development of Ingleton House to meet
the growing need for social care and housing in the district; and
c. The provision of flagship, unparalleled care to individuals with complex
care needs alongside a well-managed service.
27. If this option is chosen to go forward, due diligence on the financial modelling
and Joint Venture structure will commence immediately with an expectation that
a further report is placed before the appropriate committee by the end of the
calendar year.
Consultation 28. Extensive resident consultation has taken place at Brookfield Close and
Courage Court and this is continuing with a second round of face-to-face
conversations through September 2021. Ward Councillors for Brookfield Close,
Courage Court, Crescent Road and Ingleton House have been updated on
schemes in their wards given the public profile of each and potential impact on
residents.
References to Corporate Plan 29. The Council’s Corporate Strategy ‘Brentwood 2025’ commits to Introducing
“innovative Carbon reduction and absorption schemes”, “identify opportunities
for low emission and green developments” and using ‘brownfield sites
efficiently, such as council owned garage sites, to provide affordable homes…”.
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The SHDP and specific proposals in this report contribute to all of these
strategic objectives.
Implications Financial Implications Name/Title: Jacqueline Van Mellaerts, Corporate Director (Finance & Resources) and Section 151 Officer Tel/Email: 01277 312500 [email protected] Financial Information is included within the report and will be applied to the Housing Revenue Account (HRA) business plan depending on which option is preferred and further financial modelling that is required. Name & Title: Claire Mayhew, Corporate Manager (Democratic Services) & Deputy Monitoring Officer Tel & Email: 01277 312741/[email protected]
The Council must follow its statutory duties when looking to develop areas including serving the statutory notices required under Schedule 5A of the Housing Act 1985 as inserted by clause 182 of the Housing Act 2004 and amended by the Housing and Regeneration Act 2008, when undertaking this type of development. The Council by following the statutory processes the Council will mitigate its risk of challenge. Economic Implications Name/Title: Phil Drane, Corporate Director (Planning and Economy) Tel/Email: 01277 312500 [email protected] The Council’s Strategic Housing Delivery Programme is a vital initiative to regenerate areas and provide new homes that meet environmental improvement objectives. Whilst this is the priority, these objectives also contribute to economic growth. It is important that the places people live in the borough are of high quality to inspire long-term economic prosperity, among other things. In the short-term, design and construction phases will provide for an economic boost to relevant industries. Background Papers None Appendices to this report
Exempt Appendix A: Ingleton House Small Sites Stage 1 Report, Brentwood
Borough Council, September 2021
Exempt Appendix B: Transforming Healthcare Joint Venture Partnership
proposal, September 2021
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Appendix A contains exempt information and is therefore not publicly available.
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Appendix A
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Appendix A contains exempt information and is therefore not publicly available.
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Appendix B
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Members Interests Members of the Council must declare any pecuniary or non-pecuniary interests and the nature of the interest at the beginning of an agenda item and that, on declaring a pecuniary interest, they are required to leave the Chamber.
What are pecuniary interests?
A person’s pecuniary interests are their business interests (for example their employment trade, profession, contracts, or any company with which they are associated) and wider financial interests they might have (for example trust funds, investments, and asset including land and property).
Do I have any disclosable pecuniary interests?
You have a disclosable pecuniary interest if you, your spouse or civil partner, or a person you are living with as a spouse or civil partner have a disclosable pecuniary interest set out in the Council’s Members’ Code of Conduct.
What does having a disclosable pecuniary interest stop me doing?
If you are present at a meeting of your council or authority, of its executive or any committee of the executive, or any committee, sub-committee, joint committee, or joint sub-committee of your authority, and you have a disclosable pecuniary interest relating to any business that is or will be considered at the meeting, you must not :
participate in any discussion of the business at the meeting, of if you become aware of your disclosable pecuniary interest during the meeting participate further in any discussion of the business or,
participate in any vote or further vote taken on the matter at the meeting. These prohibitions apply to any form of participation, including speaking as a member of the public.
Other Pecuniary Interests
Other Pecuniary Interests are also set out in the Members’ Code of Conduct and apply only to you as a Member. If you have an Other Pecuniary Interest in an item of business on the agenda then you must disclose that interest and withdraw from the room while that business is being considered
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Non-Pecuniary Interests Non –pecuniary interests are set out in the Council's Code of Conduct and apply to you as a Member and also to relevant persons where the decision might reasonably be regarded as affecting their wellbeing. A ‘relevant person’ is your spouse or civil partner, or a person you are living with as a spouse or civil partner If you have a non-pecuniary interest in any business of the Authority and you are present at a meeting of the Authority at which the business is considered, you must disclose to that meeting the existence and nature of that interest whether or not such interest is registered on your Register of Interests or for which you have made a pending notification.
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Environment, Enforcement and Housing Committee
1. The functions within the remit of the Environment, Enforcement and Housing
Committee are set out below: 1) Waste management, refuse collection and recycling
2) Environmental improvement schemes
3) The quality of the public realm, including street services and grounds maintenance
4) Highway matters that are the responsibility of the Borough Council (including
highway closures under the Town Police Clauses Act 1847) and drainage
5) Public conveniences
6) Cemeteries and closed churchyards
7) Unlawful incursions
8) Affordable housing
9) Housing strategy and investment programme where the Policy, Resources and Economic Development Committee does not decide to exercise such functions as the superior Committee
10) The Housing Revenue Account Business Plan where the Policy, Resources and Economic Development Committee does not decide to exercise such functions as the superior Committee
11) Housing standards, homelessness, homelessness prevention and advice
12) Housing needs assessment
13) Housing benefit - welfare aspects
14) Private sector housing and administration of housing grants
15) Tenancy Management and landlord functions
16) To make recommendations to Policy, Resources and Economic Development Committee on the setting of rents for Council homes.
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17) Operational facilities management (including maintenance) of the Town Hall and the Depot
18) Oversee and monitor the enforcement activities of the Council
19) Community Safety (including Community Safety Partnership) and CCTV
20) To implement working parties as required
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