Agenda and decisions

Apologies for absence were received from Cllr McKenzie and Cllr Kennedy.

The Chair will consider the admission of any late items of Urgent Business. (Late items of Urgent Business will be considered under the agenda item where they appear. New items of Urgent Business will be dealt with under Item XX below. New items of exempt business will be dealt with at Item XX below).

No urgent business was raised and discussed.

Members are invited to consider the guidance which accompanies this agenda and make declarations of interest as appropriate.

There were none.

On occasions part of the Cabinet meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

This agenda contains exempt items as set out at Item [22] : Exclusion of the Press and Public.  No representations with regard to these have been received.

This is the formal 5 clear day notice under the Regulations to confirm that this Cabinet meeting will be partly held in private for the reasons set out in this Agenda.

At the time of the publication of this agenda there were none received.

To agree the minutes of the previous meeting of Cabinet held on 21 November 2022.

That the unrestricted minutes of the previous meeting of Cabinet held on 21 November 2022 were approved.

RESOLVED

That the Cabinet:

Approved the scheme for Climate, Homes & Economy as set out in section 11 of the report as summarised below as follows:

CCTV Enforcement Cameras: Resource and spend approval of £650k (£300k in 2022/23 and £350k in 2023/24) is requested to purchase and install 32 CCTV Enforcement Cameras across the borough to support the Low Traffic Neighbourhood (LTN) and School Streets programme.

That the scheme for Finance and Corporate Resources as set out in section 11 be given approved as follows:

North East London Clinical Commissioning Group (CCG) Primary Care Project: Resource and spend approval of £4,268k in 2023/24 is requested to increase the existing budget for the construction of a primary care surgery at land to rear of 2-28 Belfast Road, N16 and The Portico, 34 Linscott Road, E5. 

That the s106 scheme summarised below and set out in section 12 be approved:

REASONS FOR DECISION

The decisions required are necessary in order that the schemes within the

Council’s approved Capital programme can be delivered and to approve the

property proposals as set out in this report.

In most cases, resources have already been allocated to the schemes as

part of the budget setting exercise but spending approval is required in order

for the scheme to proceed. Where, however, resources have not previously

been allocated, resource approval is requested in this report.

To facilitate financial management and control of the Council's finances.

RESOLVED

That the Cabinet:

Noted the update on the overall financial position for October covering the General Fund and HRA.

Appendix 1 - Overall Financial Position (OFP) Savings with reference to Markets is deferred to the next OFP update and for a future Cabinet meeting for decision.

Approved the 2023-24 Local London Business Rates Pool recommendations set out in Appendix 2.

REASONS FOR DECISION

To facilitate financial management and control of the Council's finances and

to approve the 2023/25 savings and the pooling proposals.

RESOLVED

That the Cabinet:

Approved the new Housing Services Resident Engagement Strategy as attached at Appendix 1 of this report.

Approved delegation to the Strategic Director of Housing Services in order to oversee the effective implementation of Strategy and  to make any minor amendments to the Strategy and its associated policies.

REASONS FOR DECISION

Housing Services have not had a Resident Engagement Strategy in place since 2013. Since this time there have been significant changes, both in our local housing context and nationally, which we need to respond to. Summary of these include:

-  Changes in social housing tenure patterns

-  Changes in technology

-  High levels of needs, reducing resources

-  Major changes in housing legislation 

These issues, along with the challenges posed by the Covid pandemic and cyberattack, mean that we need to review how we engage, take action to engage (more) residents effectively,  and build on work already underway to promote stronger and more cohesive communities on our estates.  A clearer strategic framework is needed to achieve these broad aims and support the services wider work to modernise and improve Housing Services.

RESOLVED

That the Cabinet:

Approved the decision to revert six community flats that are no longer in use by tenants and residents associations back to council housing, subject to applications for planning consent being successful.

Agreed that final decisions on the future use of four community flats and a studio flat that are still in use by tenant and resident associations be made on a case by case basis, taking into account feedback from users, the availability and suitability of alternative meeting spaces, the wider housing pressures facing the borough, and the outcome of the planning decision.

Approved delegation of the final decisions on the future use of those flats still used by tenants and resident associations be delegated to the Strategic Director of Housing.

Agreed that any homes returned through this work will be let in accordance with the Council’s Lettings Policy.

REASONS FOR DECISION

As outlined in the report, there is a significant need to expand the stock of affordable housing in Hackney.

The ten council flats and one studio room that were originally built for housing use have been redesignated for community use for many years. Historically the flats were all managed by tenants and residents associations and used for their meetings and office space. However changing patterns of community use means that some flats (6) are no longer in use.  Where flats are still used by tenants and residents associations, there are other suitable spaces in nearby community facilities that could potentially be used instead, freeing up all the community flats for council housing (see Appendix 1).

With the housing crisis in the borough now leading to an urgent and growing demand for affordable housing, it is critical that we explore all possible options to maximise the range of affordable accommodation, including the potential to revert these increasingly under-used assets back to their intended purpose as homes.

RESOLVED

That the Cabinet:

Agreed the Hackney Housing Strategy Position Paper as set out in Appendix 1 to the report.

Adopt this temporary position ahead of the formal publication of the new five-year strategy.

REASONS FOR DECISION

Cabinet approval of the Housing Strategy Position Paper is sought in order to provide the Council and its partners with a vision and a roadmap to guide their housing and related activities until the publication of the new strategy. This is also intended to provide Hackney residents with a clear and accessible summary of the Council’s priorities and approach to meeting the borough’s housing challenges over the coming years.

We know that good quality, genuinely affordable housing is still severely lacking and too many people are trapped in overpriced rented accommodation. Home ownership is simply out of reach for the vast majority of residents with the average house price at nineteen times the average household income It is essential to set down a targeted plan of action for the Council and its partners to help meet these challenges and work towards the provision of stable, high quality, safe, and genuinely affordable homes for all Hackney’s residents.

The Council and its partners have an excellent track record in the provision of new affordable housing. Despite this, growing demand in London and severe and worsening housing affordability have meant that housing need is rising faster than supply.

We still have over 3,000 homeless households in temporary accommodation and over 8,500 on our housing waiting list. There are residents with increasingly complex medical conditions and disabilities, including large

multi-generational families caring for each other in the same dwelling. These more complex housing needs put even more strain on the housing register, health services and social care teams and make the need for more housing and more specialist housing even more acute. We are simply unable to continue delivering our key services and duties with our current stock if nothing changes.

An overpriced private rented sector is all that remains to those who are unable to access the open housing market, with 2-bed properties in Hackney having seen the fastest rent rise in Britain in the last decade. This sector has constricted further recently, with landlords leaving the lower end of the market and housing supply issues further driving demand for the sector. This means that affordable options to lower and middle income earners in the borough are few and far between and it is simply not a viable option without entering into an often expensive house share, or out of the borough entirely. With nearly a third of all residents in Hackney in the private rented sector, it is essential that we continue our work to protect private renters.

This position paper will build upon the existing themes presented in the previous strategy and refocus them into the present context. The priorities of this position paper will be centred around the six key themes below and these themes will continue to be delivered upon through both  ...  view the full decision text for item 11.

RESOLVED

That the Cabinet:

Agreed to include the 15 anchor locations set out in the report within a new house building programme, subject to scheme design, viability testing and further resident engagement.

Agreed to include additional sites and development opportunities in the vicinity of the anchor locations within the programme, subject to scheme design, viability testing and resident engagement.

Agreed to delegate authority to the Capital and Asset Steering Board to include additional sites not in the vicinity of the anchor locations within the programme or a future housing delivery programme, subject to scheme design, viability testing and resident engagement.

Agreed to delegate authority to the Group Director Finance and Resources, in consultation with the Mayor and relevant Cabinet Leads, to approve the Small Assets Fast Track Policy, the framework as set out at Appendix 1.

Agreed to the commissioning surveys and other investigations for the locations and sites set out in 3.1 to 3.3 of the report.

Agreed to commissioning architect design team services for the locations and sites set out in 3.1 to 3.3 of the report.

Agreed to commissioning cost consultancy and employer’s agent services for the locations and sites set out in 3.1 to 3.3 of the report.

Agreed to commissioning other consultancy services as may be required in relation to the delivery of new homes at the locations and sites set out at 3.1 to 3.3 of the report.

Agreed to submit planning and other applications in respect of the locations and sites set out at 3.1 to 3.3 of the report.

Agreed a budget cap of £10m for the next steps set out at 3.5 to 3.9 of the report, noting that lead consultants will be commissioned on a stage by stage basis, and programme delivery will be monitored by the Capital and Asset Steering Board.

Agreed to request a further report setting out details of the delivery models, funding arrangements and financial assumptions for the new house building programme.

Agreed to request a further report providing an update on the other programmes of housing delivery referred to in this report, including the risks and opportunities.

Agreed to authorise the Director of Legal, Democratic and Electoral Services to prepare, agree, settle and sign the necessary legal documentation to effect the proposals contained in this report and to enter into any other ancillary legal documentation as required.

Agreed to authorise the Director of Legal, Democratic and Electoral Services to enter into planning agreements, unilateral undertakings and any other ancillary legal documentation as required to effect the proposals contained in this report.

Delegate authority to the Group Director Finance and Resources and the Director of Legal, Democratic and Electoral Services to agree all commercial terms and prepare, agree, settle and sign the necessary legal documentation for sales and purchases authorised following approval of the Small Assets Fast Track Policy.

RESOLVED

That the Cabinet:

Agreed to include the 15 anchor locations set out in the report within a new house building programme, subject to scheme design, viability  ...  view the full decision text for item 12.

RESOLVED

That the Cabinet:

Approve the Flood Risk Management Plan Cycle 2 measures.

REASON FOR DECISION

Approval of the Flood Risk Management Plan Cycle 2 measures would allow the Lead Local Flood Authorities to set out flood related priorities within the Borough in the next six years.

RESOLVED

That the Cabinet:

Agreed that the land at Marian Court, shown edged red on the plan at Appendix 1, which is currently held for housing purposes under the Housing Revenue Account (HRA), is no longer required for those purposes. 

Agreed to the appropriation of the land set out at 3.1 for planning purposes to facilitate the carrying out of the development pursuant to section 122(1) of the Local Government Act 1972.

Agreed that following completion of the development proposals at 3.2 the land shown edged red on the plan at Appendix 1 will no longer be required for planning purposes and approve the appropriation of the land to housing purposes to be transferred to and administered from the Housing Revenue Account and in accordance with section 9 of the Housing Act 1985 and section 122(1) of the Local Government Act 1972.

Agreed to authorise the Group Director Climate, Homes and Economy and the Director of Legal, Democratic and Electoral Services to deal with all necessary arrangements to effect the appropriation set out in this report.

REASONS FOR DECISION

Appropriation of land for planning purposes under section 122 of the Local Government Act 1972 (‘the 1972 Act’) provides the Council with a mechanism for helping minimise the delay or uncertainty associated with regeneration projects by ensuring that the proposed developments cannot be held up by injunctions in support of third party rights.

In order to de-risk the development of the mixed tenure scheme at Marian Court, the appropriation of the land shown within the red line at Appendix 1 is required.

The land at Marian Court, as shown in Appendix 1, is currently housing land administered under the Housing Revenue Account (HRA). Following appropriation for planning purposes, the land will be transferred to, and administered from, the General Fund account. Once the development has been completed, the land will be appropriated as housing land and transferred back to the HRA.

Subsequent to the transfer back to the HRA the Council will lose the benefits of the appropriation for planning purposes. The Council will not, however, lose the protection over whatever was built while the land was appropriated for planning purposes, and as such the newly built development would not be subject to an injunction (i.e. third parties whose rights have been injured as a result of the development will not be able to halt the development). The affected parties may, however, be able to seek compensation. Exempt Appendix 2 provides further background information. 

The demolition of the last remaining block at Marian Court is due to complete in December 2022, with the last of the foundations being removed in January 2023. The site will have no residential properties remaining as of the date of the Cabinet Meeting and, therefore, consent of the Secretary of State (by virtue of section 19 of the Housing Act 1985) is not required.

RESOLVED

That the Cabinet:

To agree that the land at Frampton Park, shown edged red on the plan in Appendix 1, which is currently held for housing purposes under the Housing Revenue Account (HRA), is no longer required for those purposes.

To approve the appropriation of the land set out at 3.1 for planning purposes to facilitate the carrying out of the development proposals under section 122(1) of the Local Government Act 1972.

To agree that following completion of the development proposals at paragraph 3.2 the land shown edged red on the plan at Appendix 1 will no longer be required for planning purposes and approve the appropriation of the land for housing purposes to be transferred to and administered from the Housing Revenue Account and in accordance with section 9 of the Housing Act 1985 and section 122(1) of the Local Government Act 1972.

To authorise the Group Director, Climate Homes and Economy and the Director of Legal, Democratic and Electoral Services to deal with all necessary arrangements to effect the appropriation set out in this report.

REASONS FOR DECISION

Appropriation of land for planning purposes under section 122 of the Local Government Act 1972 (‘the 1972 Act’) provides the Council with a mechanism for helping minimise the delay or uncertainty associated with regeneration projects by ensuring that the proposed developments cannot be held up by injunctions in support of third party rights.

In order to de-risk the development of the mixed tenure scheme at Frampton Park, the appropriation of the land shown within the red line at Appendix 1 is required.

The land at Frampton Park, as shown in Appendix 1, for which authority to appropriate is being sought, is currently housing land administered under the Housing Revenue Account (HRA). The land following appropriation will be transferred to and administered from the General Fund Account. Once the development has been completed, the land will be appropriated as housing land and transferred back to the HRA.

Subsequent to the transfer back to the HRA the Council will lose the benefits of the appropriation for planning purposes. The Council will not, however, lose the protection over whatever was built while the land was appropriated for planning purposes, and as such the newly built development would not be subject to an injunction (i.e. third parties whose rights have been injured as a result of the development will not be able to halt the development). The affected parties may, however, be able to seek compensation. Exempt Appendix 2 provides further background information.

RESOLVED

That the Cabinet:

Agreed that the land at Downham Road West, 81 Downham Road/TRA, Downham Road East, Hertford Road and Balmes Road, shown edged red on the plan at Appendix 1, which is currently held for housing purposes under the Housing Revenue Account (HRA), is no longer required for those purposes. 

Approved the appropriation of the land set out at 3.1 for planning purposes to facilitate the carrying out of the development pursuant to section 122(1) of the Local Government Act 1972. 

Agreed that following completion of the development proposals at 3.2 the land shown edged red on the plan at Appendix 1 will no longer be required for planning purposes and approve the appropriation of the land for housing purposes to be transferred to and administered from the Housing Revenue Account and in accordance with section 9 of the Housing Act 1985 and section 122(1) of the Local Government Act 1972.

To authorise the Group Director Climate, Homes and Economy and the Director of Legal, Democratic and Electoral Services to deal with all necessary arrangements to effect the appropriation set out in this report.

REASONS FOR DECISION

Appropriation of land for planning purposes under section 122 of the Local Government Act 1972 (‘the 1972 Act’) provides the Council with a mechanism for helping minimise the delay or uncertainty associated with regeneration projects by ensuring that the proposed developments cannot be held up by injunctions in support of third party rights.

In order to de-risk the development of the mixed tenure/use scheme at De Beauvoir Phase 1, the appropriation of the land shown within the red line at Appendix 1 is required.

The land at Downham Road West, 81 Downham Road/TRA, Downham Road East, Hertford Road and Balmes Road, as shown in Appendix 1, for which authority to appropriate is being sought, is currently housing land administered under the Housing Revenue Account (HRA). Once the development has been completed, the land will be appropriated as housing land and transferred back to the HRA.

The land at Downham Road West shown on the Plan at Appendix 2, is currently open space land, as such it is subject to a change of use for mixed tenure housing. Notice of the intended appropriation for planning purposes and future disposals has been advertised in the Hackney Gazette on 22 and 29 September 2022. 

Cabinet is requested to formally record that no objections have been received to the proposed appropriation of the land at Downham Road West  shown on the Plan at Appendix 2. Once the development has been completed, the land will be appropriated as land and transferred back to the HRA.

Subsequent to the transfer back to the HRA, the Council will lose the benefits of the appropriation for planning purposes. The Council will not, however, lose the protection over whatever was built while the land was appropriated for planning purposes, and as such the newly built development would not be subject to an injunction (i.e. third parties whose rights have been  ...  view the full decision text for item 16.

RESOLVED

That the Cabinet:

Note the Gender and Ethnicity Pay Gap report 2022.

RESOLVED

That the Cabinet:

Approved the following nominations as set out below:

Governing Body: Haggerston School

Name: Mr Matt Wojtyniak

Date Effective: 12/12/2022

To consider any items admitted at Item 2 above.

There were none.

Note from the Governance Services Manager

Items X ,X  and  allow for the consideration of exempt information in relation to items 12, 17  and 3 respectively.

RESOLVED:

That the press and public be excluded from the remainder of the meeting as the items below contain exempt information, as defined under paragraph, 3 & 5 of Part 1, schedule 12A of the Local Government Act 1972.

To consider any EXEMPT items admitted at agenda item 2.

There were none.