Agenda item

The Leader set out the process for considering the Overview & Scrutiny recommendations and reconsidering the key decision on Broadwater Farm. The Cabinet would first consider the recommendations of the Overview and Scrutiny Committee, set out in the second pack of papers, at page 5, and Councillor Ibrahim would provide a verbal response to the recommendations.

 

After Cllr Ibrahim’s response to the recommendations, Cabinet would then move to reconsideration of the key decision, which was contained in the minutes, agenda item 6, at section 9, pages 5 &6 of the original pack.

 

The Leader invited Councillor das Neves to report on the outcome of the Special Overview and Scrutiny meeting, held on the 6^th of December 2018 which had considered the Broadwater Farm report following the call-in of this decision.

 

Councillor das Neves, Chair of Overview and Scrutiny, introduced her report, indicating that the Committee had considered representations from Jacob Secker and Paul Burnham of Haringey Defend Council Housing and the call-in lead signatories Cllr Barnes and Cllr Palmer. She drew attention to the key issues considered by the Committee as outlined in the attached report.

 

The Overview and Scrutiny Committee agreed that they had received no evidence to suggest that the decisions taken on Broadwater Farm on the 13^th of November were outside the budget Framework nor Policy Framework. The Committee, subsequently, unanimously, agreed that the decisions taken were inside the Budget Framework and further agreed that the decisions were inside the Policy Framework.

 

Taking account of the key role of Overview and Scrutiny as the advocate for community engagement and the changes required to the Broadwater Farm Rehousing and Payments policy, a Cabinet document, the Committee proceeded to agree to refer the matter back to the Cabinet, as the decision maker, to reconsider its decision of 13^th of November 2018 before taking a final decision with six recommendations.

 

The Cabinet Member for Housing and Estate Renewal continued to respond to the Overview and Scrutiny recommendations and the Cabinet noted the following:

 

a)    That section 3.3 of the Broadwater Farm Rehousing and Payments policy is clarified to reflect the right of Tangmere and Northolt resident leaseholders to return to the Broadwater Farm Estate, following a move outside of the borough for rehousing purposes.

 

The Cabinet Member accepted this recommendation and proposed that Cabinet agree to delegate authority to the interim  Director of Housing, Regeneration and Planning to amend the policy accordingly.

b) That consideration is given to increasing and strengthening the voice of residents on the discretion panel to support confidence in this process and provide a sense that their representations will be fully considered. This will further involve considering the governance around the discretion panel to enable this.

The Cabinet Member commented that the Broadwater Farm discretion panel played an important role in the rehousing process, so it was important that residents had confidence that their case was being properly and fairly considered and therefore accepted this recommendation. She committed to consider the governance process of the Broadwater Farm discretion panel to ensure that this was sufficiently robust.

c) To consider extending the succession arrangements of equity loans provided to leaseholders beyond its current provision to partners of leaseholders.

This recommendation was not accepted. The Cabinet Member re – iterated, for the record, that the current policy did extend succession arrangements of equity loans to partners of the leaseholder. It was important to note that the loan would be received in addition to the market price for the home which the leaseholder would have bought at a significant discount. Of course, this discount would vary according to how long the leaseholder had lived at the property .In relation to   leaseholders of Tangmere and Northolt Blocks , they  would have also got a market price for their property on what would have been the price of the property before the issues were identified with the blocks. This equity loan funding was to enable them to buy a home within in the borough and would extend to a partner. However, the Cabinet Member could not accept a blanket policy of extended provision as this would mean that the loan would not be payable in the lifespan originally agreed. Furthermore, this was HRA money, which was made up of money collected from all Council tenant’s. Therefore, having a blanket policy  would not be fair to tenants who were unable to buy their homes as they could, in essence,  be funding  another residents’ opportunity  to  have access to this loan.

Although there could not be a blanket policy, the discretion panel could consider very special cases, according to special circumstances.

d) For Cabinet to commit to a fully participative process for engaging residents and leaseholders in the future consultation on the master plan and its future consultation for Broadwater Farm.

       This recommendation was accepted. Cabinet noted that the engagement and consultation process would start in January 2019. It was expected that the details of how residents will be involved would be agreed very early in the process between the Council and residents in a ‘Residents Charter’, which had been successfully used in other estate redevelopment schemes.

e) To increasing communication about the Council’s commitment to replacing the Council homes demolished in Tangmere and Northolt with the same number of Council homes at Council social rent and to make clear that rents will not increase.

       This recommendation was accepted. The Cabinet Member had always made a commitment to replacing the Council homes demolished in Tangmere and Northolt and this was also a key issue for Cabinet. The Council would still keep reiterating this message so residents were continually assured. The consultation made clear that “all the Council homes that were demolished would be replaced with at least the same number of new Council homes at Council social rents on the estate. The Cabinet shared the same view as the deputation on this matter,

f) To make clear the Council’s policy on ballots in relation to regeneration schemes in the borough.

       This recommendation was also accepted. The Cabinet Member made clear that this was not a regeneration scheme and the demolition was taking place due to identified health and safety issues at these two blocks. The Council had been clear that they would offer a ballot on regeneration schemes and would be taking this forward for Love Lane Estate. The Cabinet Member re-iterated that there would be a ballot on the master plan for Broadwater Farm.

Following further questions from the Chair of Overview and Scrutiny to the Cabinet Member for Housing and Estate Renewal, the following information was noted:

·         The Cabinet Member agreed that it was important to continue to engage with the residents that had been decanted from Broadwater Farm Estate. It was important to note that these residents had remained within the borough. The Cabinet Member commended Homes for Haringey staff for their work on decanting most of residents from Tangmere. Homes for Haringey staff were working in very challenging circumstances and there was always room for suggested improvements to engagement activity. The Council were already working on identifying the best ways to remain in contact with these residents and to make sure they were part of the future of Broadwater Farm. It was important to understand that some residents, may in the future, choose not to return, but this did not mean that they did not currently have a say on the future of the estate and their involvement would be factored in engagement plans.

 

·         There were 13 households still within Tangmere block. These households had received offers of alternative accommodation, which had not been accepted. It was important for the Council to deal with these residents in a sensitive manner and not take forward any heavy-handed tactics. The households had particular unique circumstances, and there was no pattern to consider. The Cabinet Member advised that it was not appropriate, at this meeting, to provide further information as this could make the households easily identifiable. The Cabinet Member provided assurance that there was a process or leave date in place for these residents .The interim Director for Housing, Regeneration and Planning added that the Council were working with these residents and had identified additional support. They were considering these cases on a daily basis to support and understand the actions that need to be taken.

In accordance with the Call in procedure, and having heard the responses to the Scrutiny recommendations, the Leader asked Cabinet to refer to the key decision, which was contained in the Cabinet minutes at agenda item 6, at section 9, resolutions 1 to 9, pages 6&7 of the main agenda pack.

 

 Cabinet proceeded to agree the additional recommendation, as set out by Cllr Ibrahim in response to recommendation [a],

 

After re-considering the matter, Cabinet RESOLVED:

 

 

1.    To note and considers the outcome of the consultation carried out with Council tenants living in Tangmere pursuant to section 105 of the Housing Act 1985, and the non-statutory consultation with the Council leaseholders of Tangmere, as summarised in section 6.20 – 6.26 of this report and set out in detail in appendix 1.

 

2.    Having regard to the results of this consultation, to agree that Tangmere should be demolished and authorises the Director of Housing, Regeneration and Planning to serve the initial demolition notice on the secure tenants of Tangmere and to decide the timing of any final demolition notice that needs to be served.

 

3.    To note and considers the outcome of the consultation carried out with Council tenants living in Northolt pursuant to section 105 of the Housing Act 1985, and the non-statutory consultation with the Council leaseholders of Northolt, as summarised in section 6.27 – 6.33 of this report and set out in detail in appendix 1.

 

4.    Having regard to the results of this consultation, to agree that Northolt should be demolished and authorises the Director of Housing, Regeneration and Planning to serve the initial demolition notice on the secure tenants of Northolt and to decide the timing of any final demolition notice that needs to be served.

 

5.    Having considered the results of the consultation on the Broadwater Farm Rehousing and Payments Policy as set out in section 6.40, to approve the final Broadwater Farm Rehousing and Payments Policy attached at appendix 2.

 

6.    Having considered the results of the consultation on the Broadwater Farm Local Lettings Policy as set out in section 6.52, to approve the Local Lettings Policy attached at appendix 3.

 

7.    To agree that the rehousing of tenants and leaseholders from Northolt should commence as soon as practicable, and delegates authority to the Director of Housing, Regeneration and planning to determine the exact date that the rehousing of Northolt commences. The rehousing will be carried out under the Rehousing and Payments Policy recommended to Cabinet in 3.5 above.

 

8.    To approve as required by Section 1 – Financial Regulations paragraph 5.23 (b) within the Housing Revenue Account a virement of £1.2m from the HRA Building Regulations Review budget to a new budget ‘Northolt Rehousing Costs’.

 

9.    To delegate authority to the Director of Housing, Regeneration and Planning to amend the Rehousing and Payments Policy to allow all tenants who moved out of Tangmere and Northolt under the Policy or the Tangmere Priority Rehousing Scheme to be eligible for a second transfer with Band A priority following their first move out of the block. This would be regardless of whether their first move was through choice based lettings or through a direct offer, and this second move could be made at any time until either the tenant was offered one of the new replacement homes on the estate or he/she decides he/she does not wish to return.

 

10. To delegate authority to the interim Director for Housing, Planning and Regeneration to strengthen and update the wording contained in the Broadwater Farm Rehousing and Payments Policy to reflect the right of return for resident leaseholders to Broadwater Farm, following a move outside the borough for rehousing purposes.

 

 

Reason for decision

 

The Council has identified risks in a number of blocks on Broadwater Farm. Surveys have identified that Tangmere and Northolt have failed both the tests relating to Large Panel System (LPS) buildings, which means that there is a risk of progressive collapse caused by a force equivalent to a vehicle strike or bottled gas explosion. These risks have been mitigated through the introduction of measures set out in section six of this report, including:

 

• In Tangmere, which has piped gas, the replacement of gas cookers with electric cookers and the installation of gas interrupter valves, which will switch off the gas if a leak is detected. Northolt does not have piped gas.
• In both Tangmere and Northolt, a 24-hour concierge and a programme of home visits to reduce the risk that items such as bottled gas are taken into the building.

 

These mitigations reduce the risks, but do not remove them entirely. Further decisions are needed on how to address the structural problems identified in both blocks so that there is no risk of progressive collapse. In June Cabinet agreed, having considered the options that its preferred option was to demolish both blocks and replace them with high quality, new Council homes built on the estate. It further agreed that officers should consult residents of Tangmere and Northolt on the options for both blocks. This consultation took place between 12 September and 10 October and in the case of Council tenants was a statutory consultation under section 105 of the Housing Act 1985. The results of the consultation are set in sections 6.18 to 6.33 of this report, and show clear support for the Council has preferred option. Cabinet can therefore now make a decision on the future of both blocks in light of the results of the consultation alongside consideration of the technical and financial information presented in this report and the report to Cabinet of 26th June.

 

Because the Council was already aware of the requirement to rehouse residents of both Tangmere and Northolt (as all options to address the structural issues required each building to be emptied), in June Cabinet also agreed a draft Rehousing and Payments Policy for consultation. This consultation has now taken place, and a final Rehousing and Payments Policy is presented for approval. The key commitments of the policy include:

 

• Guaranteed rights of return to the estate for all Council tenants and resident leaseholders who need to move out of Tangmere or Northolt.
• This includes a right to return to new build homes on the estate when they are built.
• Equity loans for resident leaseholders, to enable them to buy a new home in the borough with financial assistance from the Council.

 

In order to give residents who move out of Tangmere and Northolt the ability to return to Broadwater Farm more quickly if they want to, it is also proposed that a Local Lettings Policy is adopted. This will prioritise future lets on Broadwater Farm to these residents. The Council consulted on this proposed policy, and found clear support.

 

If Cabinet agrees that one or both blocks should be demolished, then demolition notices under Sections 138A and 138B of the Housing Act 1985 will need to be served on the secure tenants in those blocks.

 

Alternative options considered

 

The alternative options for rectifying the structural defects in Tangmere and Northolt were considered in detail in the report considered by Cabinet in June, and were explained in the consultation with residents.

 

Doing nothing is not an option, as both blocks have failed structural tests. The risks posed by the structural defects have been mitigated, but the blocks cannot remain occupied long-term as they are.

 

The main alternative option considered was to carry out major strengthening works to both blocks. Retrospective strengthening works would require the joints where walls, floors and ceilings meet to be strengthened. Windows would need to be removed to allow the strengthening materials to be fitted. The cost of these works to Tangmere is estimated at £13m while the cost of these works to Northolt is estimated at £12.5m. The works cannot be done while the residents remain in occupation.

 

In June, Cabinet decided, having considered the technical feasibility and the cost of the strengthening work that its preferred option is to demolish both blocks and replace them with high quality, new Council homes built on the estate. The consultation shows that a clear majority of residents agree with the Council’s proposals.