overview and scrutiny committee 6 june 2019 · overview and scrutiny committee 6 june 2019 report...
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OVERVIEW AND SCRUTINY COMMITTEE
6 JUNE 2019
Report title: Homes for Lambeth Review
Wards: All
Portfolio: Cabinet Member for Planning, Investment & New Homes: Councillor Matthew Bennett
Report Authorised by: Emma Peters: Interim Strategic Director for Sustainable Growth and
Opportunity
Contact for enquiries: Sandra Roebuck, Director for Development, Planning & Housing Growth,
[email protected], 020 7926 2594
Report summary
Overview and Scrutiny Committee and Council Members requested an overview of Homes for Lambeth.
The report outlines the make-up of Homes for Lambeth and discusses current performance.
Finance summary
This report is to provide information to Overview and Scrutiny Committee and as such there is no direct
cost of preparing or implementing the recommendations within the report.
Recommendations
1. To note the information outlined in the report and make recommendations.
1. CONTEXT
1.1 Overview and Scrutiny and Council Members requested an overview of Homes for Lambeth.
2. PROPOSAL AND REASONS
Rationale
2.1 Like all London boroughs Lambeth faces a severe and serious housing crisis. Over 2,000 families,
including 5000 Lambeth children, are homeless and housed in temporary accommodation by the
Council. Over 28,000 people are on the waiting list for social housing; every week another 40-60
people join this list while only around 20 homes become available.
2.2 Despite investing £500m refurbishing council estates across the borough to our aspirational
Lambeth Housing Standard, government cuts to rents and in grants have left a shortfall in funding
to provide every tenanted family with a good quality home. To address the crisis in housing quality
and quantity the Council established an estate regeneration programme in 2012 to rebuild tenants’
homes to high modern standards and to build more homes for local families on the waiting list.
2.3 Lambeth’s Housing Commission recommended that rebuilding options needed to be identified for
the six estates where refurbishment would be uneconomic and/or it would not overcome the
problems caused by poor design, and/or the opportunity exists to create more social housing
alongside better homes for existing tenants and leaseholders.
2.4 A number of options for tackling these challenges were considered: a development agreement and
sale of land to private developer; a Joint Venture partnership with private developer; a PFI
partnership with a private provider; stock transfer of estates to housing association; a Joint Venture
partnership with housing association, and a Wholly Owned development company.
2.5 The Council ruled out partnering with a private developer or a housing association to deliver these
homes, and in May 2017 100% council-owned, council-controlled company, Homes for Lambeth,
was selected as the preferred option to build and manage a new generation of social housing for
Lambeth families. Homes for Lambeth will be able to bring in expertise from the private and public
sectors to deliver housing in a more commercial and efficient way, while nonetheless provided
maximum ongoing control by the council. HfL has to deliver a business plan which will be set
annually by Cabinet, and. Cabinet oversees the performance of the company through the Overview
and Stewardship Panel, holding the company’s board to account and ensuring that the company
delivers against the priority outcomes set by the Council. Moreover, HfL has the potential in future
to access funding sources not otherwise available to the Council.
2.6 More information on the rationale for Homes for Lambeth can be found in the following Cabinet
papers:
October 2015
May 2017
Other WOCs
2.7 In recent years, a number of local authorities across the UK have set up “wholly owned” housing
delivery or land development companies. In London, research undertaken by the Centre for
London indicated that 22 of the 32 London boroughs and the City of London Corporation have set
up such companies.
2.8 The objectives for these companies vary from Council to Council. Whilst some are positioned as
purely commercial vehicles intended on creating an additional revenue stream for the Council,
others have utilised these companies specifically to increase the delivery of affordable housing,
and/or use companies as a vehicle for additional General Fund borrowing to supplement delivery
where HRA borrowing capacity has been limited.
2.9 The potential for development also varies from Council to Council and from vehicle to vehicle
depending on how much land an authority owns, and its scope for making funding available. For
some the homes proposed to be delivered by the WOCs constitute a significant percentage
contribution to overall housing delivery targets. Lambeth does not have the available land to do
this, but HfL is much targeted in that it is focusing more strongly on delivering social rented homes,
rather than intermediate and/or private rented homes.
2.10 Housing delivery companies, as with all delivery mechanisms, are required to prioritise their
ambitions and balance the need for affordable housing with commercial considerations.
Companies have to comply with state aid regulations and will structure companies so as to be tax
efficient, therefore it is sensible that an Affordable Housing company is created separate from the
main development company so as to benefit from VAT exemptions related to the provision of
Affordable Housing. Working capital has to be provided, and costs incurred in the “set up” phase
have to be recovered over time. It is generally several years before any income is received; this
has to be planned for in financial terms.
2.11 Where companies are focusing on development of new homes (of any tenure) the pay-back period
is likely to be longer than where they are buying existing stock or trading in land, simply because
developing a significant volume of new homes cannot be done quickly. This is particularly the case
where estate renewal is involved because the land assembly process (buying out leaseholders etc)
is both expensive and time consuming.
2.12 Some examples of different approaches to Wholly Owned Companies are as follows:
2.13 LB Barking and Dagenham – Barking and Dagenham set up BeFirst and Reside in 2017 to deliver
new mixed tenure homes, to achieve an “attractive” return on Council investment and to drive up
development values in the borough. BeFirst is a service delivery company and has taken over a
number of planning, regeneration and delivery functions of the Council, with staff TUPE transferred
to the company. It does not own land or assets that it develops. It is dependent upon the Council
to finance debt, as it does not own collateral to seek third party debt financing, and thus is likely to
continue to be restricted to operating as a service company. Be First’s overheads and
management costs are financed by selling the services to the Council, with the aim that Be First
should break even. It was originally financed with a working capital loan, and the initial set up costs
absorbed by the Council (e.g. legal costs and costs of recruiting). BeFirst has a board with a
remunerated independent chair and remunerated non executive and executive directors. There is
a shareholder committee, which reports to the Council’s Cabinet. A five year rolling Business Plan
is submitted to the Shareholder Committee and then to Cabinet. Reside, which is entirely separate
wholly owned company, exists as a financial entity with a number of sub companies (affordable
homes, market rented homes, shared ownership homes), to hold the assets generated.
2.14 LB Bexley – Bexley has a very different model. Bexleyco has been set up as an investment,
development & management company that quickly delivers a portfolio of housing and other assets,
to support the Council’s growth and regeneration strategies. Its primary function is to drive
commercial profit. As a result, the company is structured as an equity and debt establishment. All
land goes into the company as equity from the Council, whilst senior debt is secured from the
Council at 5.5%. Return to the Council is comprised of profit from the Company’s activities and
interest margin on the differential between borrowing and lending rates. It has a shareholder
Board which has been allocated the functions of contract manager, shareholder and s.151
oversight as lender to the company. This shareholder group consists of both officers and members
and reports formally to the Cabinet. The company board comprises Council officers at an Assistant
Director level. The Managing Director is the sole core employee, with all other employees
externally contracted or seconded from the Council.
2.15 LB Croydon – Croydon Council’s Wholly Owned Company is Brick by Brick (BXB). It is a private,
independent development company, commercial in character, which focuses on providing housing
led development for the benefit of the people of Croydon. BXB was set up particularly to address a
perceived lack of quality from third party providers. Its function is to deliver multi-tenure housing
for sale and rent, to ensure a transparent and commercially efficient form of development which
maximises the amount of affordable and intermediate housing and to deliver new commercial
and/or retail development. It is required to carry out all of the above activities on a commercial
basis and in the best interests of the company with a view to maximising dividend to the Council as
sole shareholder. All land goes into the company as equity from the Council, whilst senior debt is
secured from the Council at a competitive blended rate. Return to the Council is comprised of profit
from the Company’s activities and interest margin on the differential between borrowing and
lending rates. The Brick by Brick board has been set up with two non-executive directors, one
Council officer and two Brick by Brick officers. It is chaired by one of the non-executive directors,
who is both independent and experienced. Brick by Brick reports to Council via the Investment
Board and the Corporate Management team. Brick by Brick initially targeted a lean resource model
and was set up using staff seconded from the Council, supplemented by external resources where
appropriate. Uniquely, they also established a dedicated architecture and design team to develop
best practice around densification in both urban and suburban areas of the borough. The
seconded staff, the new architecture and design capacity, and the Council’s internal development
and delivery team were TUPE’d to Brick by Brick with effect from the 1st October 2018. The
Council is now reviewing its client side capacity. It should be noted that a relatively a slow start, in
comparison with initial business plan projections, is a common theme of most of the wholly owned
companies. Moreover, many have undertaken early business plan reviews, and early reviews of
either the company structure, and/or board composition and/or client function. This is to be
expected in undertaking a delivery and development function where all Councils lack recent
experience, and where there are fluctuations in market conditions and in central and regional
government policy on housing targets, grant regimes and borrowing regimes.
HRA Borrowing Cap
2.16 A report on the impact of the removal of the HRA borrowing cap was presented to Scrutiny
Committee in December 2018, the position is unchanged from that point of time and the crucial
issue remains affordability of borrowing not availability of borrowing.
2.17 With respect to Homes for Lambeth, the lifting of the borrowing cap means that borrowing to fund
Homes for Lambeth could technically be made from the Housing Revenue Account in future rather
than from the General Fund. However, as the General Fund is larger it is more able to bear risk
and cope with the timing difference related to Estate Regeneration as spend is generally many
years ahead of the related repayment.
2.18 It would not be viable to fund a wholescale refurbishment (to Lambeth standards) of existing
estates from the Housing Revenue Account. Although the Housing Revenue Account could borrow
to fund refurbishment work, it would not be able to repay this borrowing, as refurbishment would
not lead to any increase in the total rental income receivable within the HRA. Estate Regeneration
increases the number of housing units which provides new income sources to fund borrowing.
Board Structure
2.19 This is set out in the Cabinet Report of 22/01/18 ‘Homes for Lambeth Business Plan (January 2018
to March 2019)’ at paragraph 2.22. The interaction between the Council and the Companies is set
out in the Memorandum of Understanding which was Appendix B to that report as varied by the
CMDR of 20/11/18 ‘Changes to Homes for Lambeth Memorandum of Understanding and the
Articles for HFL Homes Ltd’.
2.20 The hierarchy of the company structure is set out below:
2.21 It is the purpose of these boards to work towards the delivery of Homes for Lambeth’s Business
Plan as well as providing the wider necessary corporate governance for the company.
2.22 The Council can appoint board members to HFL Group Ltd and the then board membership was
set out in paragraphs 2.25 to 2.30 of the Cabinet Report of 22/01/2018, although currently the
Council nominees to the various boards is under review due to Council staffing and structure
changes. In addition there are a number of Non-executive Directors appointed to each company as
set out in the Cabinet Report of May 2017 ‘Incorporating and Mobilising Homes for Lambeth’ at
paragraphs 2.8 to 2.11. There has recently been a refresh of the NEDs on the HfL Group.
2.23 ‘HFL Living Ltd’ is a Private Rented Sector (‘PRS’) housing company that has been created to
allow new PRS housing to be acquired from HFL Build in the longer-term. At present the company
is effectively inactive as initially the Homes for Lambeth group is largely debt financed and it has
been calculated that it is more prudent to pay down this debt more quickly through market sale of
non-affordable housing in the early years of operation. This position is subject to ongoing review
There is a board structure, with both Directors and NEDs appointed to it, so it can mobilise quickly
if required. It is private company limited by shares, of which 100% of the shares are held by HFL
Group.
Company Culture
2.24 As a council own company, the values of the council are be very much at the centre of Homes for
Lambeth. At the heart of this is the company’s social purpose, it has been set up to maximise the
delivery of affordable (social) rented homes on council owned land, and to recycle any profits from
the development process back into further affordable (social) rented homes.
2.25 As well as these council values it is developing its own culture by combining the council values it
has inherited with the industry knowledge and experiences of those new team members who have
come from outside of the council. The development of an HfL culture is work in progress; the new
board and the new recruits are bringing speed, flexibility and efficiency and the Council, as
shareholder and client, is ensuring that social value principles are fully reflected in the business
planning and delivery processes. For example, HfL uses LBL procurement systems and
processes and the social value requirements of those processes are therefore fully reflected.
2.26 As a company, Homes for Lambeth has been creating all of the necessary HR and financial
policies required to support its operation:
Data Protection Policy
Group Complaints Policy
Group Equality and Diversity Policy
Group Resident Engagement Policy
Group Tenancy Audit Policy
Homes Allocations Policy
Homes ASB Policy
Homes Equality and Diversity Policy
Homes Repairs Policy
Homes Tenancy Policy
Homes Voids Policy
Mutual Exchange Policy
Neighbourhood Policy
Social Rent Setting Policy
Business Plan
2.27 The expectation is that future business plans will be for a minimum of 3 years. At the time of the
preparation of the existing business plan the Homes for Lambeth management team were newly in
post and therefore concentrated on the more immediate projects and activity in preparing the
business plan.
2.28 Funding of Homes for Lambeth will be for 3 main elements of work:
Working Capital Loan – To pay for staff and general running costs
Development Loans – To pay for development activity on sites that have planning permission and
where land has transferred to Homes for Lambeth. The diagram below shows how loan funding
works between the Council and the Homes for Lambeth companies.
Commissioned Works – These relate to sites and estates that do not yet have planning
permission and where the Council needs more work to take place to evaluate options for the
sites, work up detailed designs etc but does not have the capacity to do this work internally. In
these cases, the funding will not be a loan but a payment for services provided, in the same way
any other external company would be paid. The Council need to firstly determine what works
they require and then agree a price with Homes for Lambeth, only then can work commence
2.29 From a Homes for Lambeth point of view they are only allowed to undertake activity that is
included within their business plan for the year, because of this the Business Plan inevitably
includes the best case scenario of what might be commissioned from them and the reality might be
much less. Thus the £9.1m identified for feasibility work is the maximum level, in practice there will
be a number of smaller commissions for different stages of work on Somerleyton Road,
Cressingham Gardens, Central Hill and Fenwick estates.
2.30 The diagram below shows expected cash flows between the Council and HFL and within HFL.
When the council lends money to an external organisation it has to be aware of State Aid
requirements. This means that a higher ‘market’ rate of interest has to be charged to the
development company which will sell housing in the open market and is therefore deemed to be in
competition with the private sector. The affordable housing company can borrow from the Council
at a lower rate as it is only involved providing services for the public good and thus effective
subsidy via a lower interest rate is allowable
Client Relationship
2.31 The Council is the client for Homes for Lambeth. The client function is structured around the
adopted business plan and a commissioning framework. The principles on an operational basis are
as follows:
2.32 Work will be commissioned by LBL from HfL through the structure of responsibilities shown below.
The ‘Client’ function of the Council will define the strategic context for HfL’s Delivery Programme
(the ‘Delivery Programme’), including strategies, budget and regulatory/legal requirements and will
specify the outcomes and outputs that are required to be delivered by HfL.
£8m equity £5m working capital @ 6%
Dev elopment facility (£150m) @ 6% Inv estment facilities @ 3.2%
HFL Group
Lambeth Council
HFL Build
Inter co working capital
HFL Homes
Strategic direction/ vision/rationale
Strategies
Budget/Funding
Financial control
Design authority
Monitoring & reporting
Delivery of commissioned work
Political interface
Commissioning
Regulatory compliance
Programme management and control
Developer interface
Delivery plans
HfLLBL CLIENT
Project definition/initiation
Project management and control
Programme definition (joint) Programme definition (joint)
2.33 This commissioning model means the Client focuses on the Council’s desired outcomes
throughout any commissioning activity. Attention and resources in HfL are therefore focused on
those activities that are required to deliver the Council’s objectives and desired outcomes.
2.34 As a result, HfL has a clear mandate which contains the expected outcomes, performance
measures and targets, areas of priority, information on key developments and details of resources.
Delivery performance against the requirements expressed in this Mandate will form part of the
Council’s formal arrangements for monitoring the performance of the Delivery Programme.
2.35 Figure 2: ‘Golden Thread’ from Corporate Strategies to Delivery Plans
2.36 This ‘Golden Thread’ from Corporate priorities to delivery plans is shown in Figure 2 above. It is
the Council’s expectation that the LBL Client and HfL Delivery organisations will work together to
continuously improve and transform operations to reduce costs and improve performance. This
approach will use formal governance arrangements and professional relationships between the
Client and HfL to realise the vision.
2.37 The overriding purpose of the Council’s commissioning function is to help define and orchestrate
the delivery of housing outcomes for the borough by marshalling resources and commissioning
activities around this ‘Golden Thread’.
Corporate Plan
Strategic Context
Commissioning Mandates
HfL Business Plan
Delivery Plans and Outcomes
2.38 Figure 3: Mandate Structure
2.39 The commissioning framework or mandate, when complete will comprise the following five
sections.
2.40 Mandate Overview
Illustrates core details such as the duration, ownership and review cycle of the Mandate. Contains
a profile of the Commissioners of the service and arrangements for governance and change
control.
2.41 Purpose and Objectives
Summarises the purpose that HfL was established to fulfil, and the outcomes and objectives for the
service. It also outlines the framework of Corporate and Divisional strategies and plans within
which HfL is expected to operate (such as the Corporate Plan, Housing Strategy, Procurement
Strategy). In future iterations of the Mandate this will may change to reflect a shared vision
between the service and the commissioner.
2.42 Operating Framework
Provides the process of commissioning and the parameters within which HfL is expected to
operate and deliver the outcomes and outputs required by LBL. These parameters include the
Legal Framework and Service Standards.
2.43 Financial Envelope
Gives details of the financial envelope within which HfL will operate together with how these will be
reported and monitored.
2.44 Reporting and Monitoring
Outlines the key performance indicators on which HfL will report to LBL, and against which it will be
monitored. These include indicators to measure delivery of outcomes and accordance with the
operating framework. Also describes the arrangements for monitoring.
Purpose and
Objectives
Reporting &
Monitoring
Financial Envelope
Operating Framework
The rationale for HfL and what the
benefits and success criteria look like.
The KPIs and other performance indicators against which HfL will
be monitored
The legislative and standards
framework that HfL must deliver
outcomes within.
The funding and other financial
parameters within which HfL is
expected to operate
2.45 There will be commissioning brief for each work package/project that defines the scope, functional
requirements, budget timescales and performance standards that will form the basis of task orders
to be issued to HfL to execute the work. Further Commissioning Briefs will be added as and when
additional work packages and commissions are identified.
Programme Length
2.46 It is expected that when fully mobilised HFL will be delivering an annual programme of outcomes
and new homes for the duration of its lifetime.
2.47 On the current programmes in relation to the estates that already have planning permission, it is
expected that construction will be completed by:
Knights Walk (Phase 1) – 2021
South Lambeth (Phase 1) – 2022
Westbury (Phase 1) – 2020
Somerleyton Road (Phase 1) - 2020
2.48 In relation to Cressingham, Fenwick and Central Hill, Homes for Lambeth is undertaking feasibility
studies to reaffirm programmes of delivery.
2.49 In addition, HFL is reviewing a series of smaller sites throughout the Borough The list of sites will
be published as and when the feasibility studies are complete. The outcome of the review will
enable the delivery path of those sites to be confirmed.
Audit and Scrutiny
2.50 As a private company, Homes for Lambeth is required to appoint its own auditors. The
Memorandum of Understanding between the Council and the companies requires the Council’s
Corporate Committee to be consulted in relation to the appointment of HFL’s auditors.
2.51 Members of the Overview & Scrutiny Committee are referred to the Cabinet Report of 22/01/18
‘Homes for Lambeth Business Plan (January 2018 to March 2019)‘ and the CMDR of 20/11/18
‘Changes to Homes for Lambeth Memorandum of Understanding and the Articles for HFL Homes
Ltd’.
2.52 The reports agreed the Memorandum of Understanding, and subsequently a variation to it, setting
out the relationship between the Council and the HFL companies, with a scheme of delegation set
out at Schedule Seven. A copy of the amended scheme of delegation is attached for ease of
reference here.
2.53 The Ownership & Stewardship Cabinet Advisory Panel oversees the internal reporting, scrutiny,
monitoring and accountability of the HFL Group, on behalf of the Council. The terms of reference
for the Ownership & Stewardship Cabinet Advisory Panel is set out in Schedule Four to the
Memorandum of Understanding which is attached for ease of reference here.
2.54 The purpose, membership, and working arrangements for this panel are dealt with at pages 49 &
50 of the Council’s current constitution.
2.55 Finally, HFL Homes Ltd. is a registered provider and therefore will also be accountable to the
Regulator of Social Housing.
KPIs and Key Deliverables
2.56 Homes for Lambeth has set out in its business plan its objectives for 2019/20 and these have been
summarised in the company’s plan on page – see below:
2.57 Over the year the Homes for Lambeth boards will monitor the progress of the companies towards
these goals. At the end of the year Homes for Lambeth will report on it progress to the Ownership
and Stewardship Panel in its next business plan.
2.58 As Homes for Lambeth takes on more commissions from the council a wider set of KPIs will be
developed.
Land Transfer
2.59 Once a Phase of an Estate Regeneration project has both planning permission and the Council
has achieved vacant possession of the relevant land, then Homes for Lambeth can ask for the land
to be transferred to them in order to begin development.
2.60 At this point the Council would need to ensure various documentation is in place;
The Council has reviewed the financial model to determine that the scheme is viable in line with
the criteria given to Homes for Lambeth, namely that 10% profit on cost is achievable.
That Homes for Lambeth have a project plan demonstrating they are able to proceed with
development
That the land has been valued and that Homes for Lambeth are able to pay the market value
identified by this valuation.
2.61 In practice, the land transfer will be via a long lease with the Council retaining ownership of the
freehold of the property, the lease will determine what Homes for Lambeth are able to do with the
land and will restrict them to implementing the scheme that has secured planning consent. If
Homes for Lambeth do not implement the scheme, then the land would revert to the Council. The
lease also means that the land value is likely to be relatively low, as it will require the level of
affordable housing prescribed within the planning application to be delivered.
2.62 Once this information is available the land transfer can be made by way of a Cabinet Member
Delegated Decision report authorising the disposal.
2.63 The main difference from a stock transfer is that the land is being transferred without any secure
tenants in place and hence no ballot is required.
3. FINANCE
3.1 The cost of preparing this report has been contained within existing budgets and as the report is for
information purposes there are no explicit recommendations that have a further cost implication. If
Scrutiny committee make further recommendations as a result of this report, the cost of implementing
these recommendations would need to be assessed before work could be undertaken.
4. LEGAL AND DEMOCRACY
4.1 Article 1 of The First Protocol of the Human Rights Act 1998 provides that every person is entitled to
the peaceful enjoyment of their possessions and that no one shall be deprived of their possessions
except in the public interest and subject to the conditions provided for by law and by the general
principles of international law. These provisions do not impair the rights of the state to enforce such
laws as it deems necessary to control the use of property in accordance with the general interest or
to secure the payment of taxes or other contributions or penalties.
4.2 Article 8 of the Human Rights Act gives everyone the right to respect for their private and family life,
their home and their correspondence. A public authority is not permitted to interfere with the exercise
of this right except such as is in accordance with the law and is necessary in a democratic society in
the interests of national security, public safety or the economic well-being of the country, for the
prevention of disorder or crime, for the protection of health or morals, or for the protection of the
rights and freedoms of others.
4.3 Section 149 of the Equality Act 2010 sets out the public sector equality duty replacing the previous
duties in relation to race, sex and disability and extending the duty to all the protected characteristics
i.e. race, sex, disability, age, sexual orientation, religion or belief, pregnancy or maternity, marriage
or civil partnership and gender reassignment. The public sector equality duty requires public
authorities to have due regard to the need to:
(a) Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited
under that act
(b) Advance equality of opportunity between persons who share a relevant protected
characteristic and those who do not share it; and
(c) Foster good relations between those who share a protected characteristic and those who do
not share it, which involves having due regard, in particular, to the need to—
(i) tackle prejudice, and
(ii) promote understanding.
4.4 Having due regard to the need to advance equality of opportunity between persons who share a
relevant protected characteristic and persons who do not share it involves having due regard, in
particular, to the need to—
(a) remove or minimise disadvantages suffered by persons who share a relevant protected
characteristic that are connected to that characteristic;
(b) take steps to meet the needs of persons who share a relevant protected characteristic that are
different from the needs of persons who do not share it, including, in particular, steps to take
account of disabled persons' disabilities;
(c) encourage persons who share a relevant protected characteristic to participate in public life or
in any other activity in which participation by such persons is disproportionately low.
4.5 Compliance with the duties in section 149 of the Act may involve treating some persons more
favourably than others; but that is not to be taken as permitting conduct that would otherwise be
prohibited by or under the Act.
4.6 The Equality Duty must be complied with before and at the time that a particular policy is under
consideration or decision is taken - that is, in the development of policy options, and in making a final
decision. A public body cannot satisfy the Equality Duty by justifying a decision after it has been
taken.
5. CONSULTATION AND CO-PRODUCTION
5.1 Consultation and coproduction with residents and the wider community is central to the
development of individual regeneration schemes and officers from HfL team continue to work
closely with residents and communities to support them through the process, ensure they have a
say in the look and feel of their new homes, and help them to understand what Homes for Lambeth
is, and what it means for them.
5.2 Consultation and coproduction have, and will continue, to play a key role in the development of key
Homes for Lambeth outputs and policies, including the Key Guarantees (agreed by cabinet in
March 2017).
5.3 Residents have already been consulted on the tenancies and leasehold agreements which Homes
for Lambeth will provide. The council, in its capacity as shareholder of Homes for Lambeth, will
require HFL Homes (the housing association) to use these new tenancies and leases for those
residents who are currently living on these regeneration estates and would be moving to a newly
built HFL home.
5.4 Residents of the regeneration estates have also been asked for their views on the specification of
service for future housing management arrangements. This specification will define what HfL for
expect from companies bidding to provide housing management services. The specification will
also determine the cost of these services.
5.5 It is intended that HfL will then shortlist suppliers who have shown they can meet this specification.
As estate redevelopment work nears completion, shortlisted bidders will be invited to talk to
residents at an exhibition and answer questions about managing their new estate. Residents will
score each supplier on their ability to meet the needs of the estate, and on their approach to estate
management. These scores, along with scores from a full tender process and an interview, will
decide which supplier is chosen
5.6 Officers within the council and HfL have and will continue to work with Members to further develop
the proposals set out in this report.
5.7 Local Ward Councillors will also be consulted at the point that a development site within their ward
is identified for development via HfL.
6. RISK MANAGEMENT
6.1 No specific risks relating directly to this report.
6.2 However, risks relating specifically to HfL can be found in the corporate risk register here.
7. EQUALITIES IMPACT ASSESSMENT
7.1 The Boards of the Homes for Lambeth companies will adopt a suite of policies that guide how they
will carry out their business. This suite of policies will include an Equalities policy reflecting the
principles included in the Council’s policy.
7.2 The impact of estate regeneration will be different for each project at different times and therefore
Equalities Impact Assessments are required on a project basis and reviewed at regular intervals.
No specific equalities impact assessment has been carried out to date inform this Cabinet Report
as these are being carried out at a project by project level. However, this is currently under review
and it is likely that a programme wide assessment will be undertaken as part of the preparation of
the (minimum 3 year) business plan for 2020 onwards.
7.3 In progressing estate regeneration projects, Homes for Lambeth will abide by the Council’s
approach to equalities, which are embedded in the Future Lambeth Borough Plan. The principles
that will be followed by the Housing Regeneration team will be:
7.4 Information. Any equalities strategy for an estate regeneration project is only as good as the
information it is based on. It is therefore essential to collect adequate information concerning those
affected by estate regeneration and to maintain such information up-to-date. This is undertaken
through the course of estate regeneration projects by means of activities such as housing needs
assessments, which are carried out for all affected households.
7.5 Training. Equalities principles must be embedded in all minor decision-making throughout an
estate regeneration project. This requires that those working on estates projects are continually
mindful of equalities issues and have access to adequate training to ensure that they embrace
such principles in their day-to-day work.
7.6 Assessment. Formal equalities impacts need to be carried out to inform any major decisions or
commitments on the future of an estate. For a typical estate regeneration project, equalities impact
assessments are required at the following stages:
Feasibility Stage – to help inform whether or what part of an estate will be redeveloped – an
Equalities Impact Assessment accompanies the Cabinet Decision on the scale of
redevelopment for an estate;
Masterplanning and Local Lettings Plan Stage – to help inform the design work and to ensure
that the replacement homes adequately cater for the existing community of residents, whose
homes are being demolished – an Equalities Impact Assessment then accompanies any
Cabinet Report that seeks authorisation for a compulsory purchase order; and
Allocations – to help inform the allocations process to ensure that homes are allocated in a way
that conforms with equalities principles – once construction and decanting has commenced,
equalities reviews will be undertaken at pre-defined intervals specific to each estate.
7.7 New small site developments will have localised impacts on the immediate neighbourhood around
these projects. Any impacts on local residents will be identified and determined in the process of
working up designs for projects and preparing and submitting planning applications. The planning
process itself requires consultation with local residents and the council will work with local interests
as part of the design process. It is only through the process of such consultation that it will be
possible to identify what and whether there are any impacts and then deduce whether these raise
any equalities considerations. Community statement will be submitted with planning applications
and will address such matters
8. COMMUNITY SAFETY
8.1 Homes for Lambeth will contribute positively to community safety by ensuring that each scheme
delivered involves the removal of areas that attract anti-social behaviour and providing more
passive surveillance of streets and spaces. The wider regeneration initiatives will promote estate
pride and actively design out the potential for crime as part of the development process.
8.2 As outlined above, Homes for Lambeth will also contribute towards the delivery of safer and
stronger communities. The provision of safe, high quality housing, committed to in the Homes for
Lambeth design principles, is recognised to make a positive contribution to the improved wellbeing
of residents. Therefore, by increasing the provision of accessible housing, Homes for Lambeth will
directly support Lambeth’s communities to become safer and stronger. The Council will lead the
stakeholder engagement for each scheme and will ensure that residents have both an active
involvement and influence over how each new development is planned and operated.
9. ORGANISATIONAL IMPLICATIONS
Environmental
9.1 Environmental sustainability will be a key consideration for any proposed interventions and the
Council will seek the highest possible standards with the resources available.
Staffing and accommodation
9.2 New staffing structures have been set up within Homes for Lambeth and are in the process of being
finalized, with a series of appropriately qualified external appointments and some council seconded
staff. The governance proposals Homes for Lambeth has created new, un-remunerated directorship
roles for Council officers with an appropriate level of support provided to assist officers in these new
roles. Seven remunerated roles for Non-Executive Directors have also been be created and a
remunerated Chair, who is also a Non-Executive Director.
Procurement
9.3 Due to the level of control exercised by Lambeth Council over the Homes for Lambeth Group, the
wholly owned companies will be classed as ‘Contracting Authorities’ for procurement. This means
that they will follow the Public Contracts Regulations 2015.
9.4 There are no immediate procurement considerations arising from this report. Direct engagement
with procurement officers is taking place to support the formation and mobilisation of Homes for
Lambeth and to ensure that suitably robust and legally compliant procurement policies and
practices are put in place to guide the activities of Homes for Lambeth.
Health
9.5 The delivery of additional safe, warm and affordable new homes across a range of tenures, together
with the delivery of safer and stronger communities that are designed with and for Lambeth’s
communities will directly support the health and wellbeing of residents. The Lambeth Health and
Wellbeing Strategy (2016) identifies having a good home as an important factor in preventing ill
health and poor wellbeing. Homes for Lambeth will also make investments to generate income for
the General Fund that will support the Council to sustain the delivery of vital services that residents
need in the face of sustained Central Government cuts. The Council’s Social Value principles are
also embedded within Homes for Lambeth’s approach, which will result in new economic and
learning opportunities for residents.
10. TIMETABLE FOR IMPLEMENTATION
10.1 N/A
AUDIT TRAIL
Consultation
Name/Position Lambeth directorate /
department or partner Date Sent
Date
Received
Comments in
paragraph:
Emma Peters, Interim
Strategic Director
Sustainable Growth and
Opportunity 20.05.19 28.05.19 Throughout
Matthew Gaynor Finance and Investment 03.05.19 20.05.19 3.1
Cllr Matthew Bennett Cabinet Member for Planning,
Investment and New Homes 20.05.19 28.05.19 Throughout
Gregory Carson, Legal
Services Legal and Governance 01.05.19 02.05.19 4.1-4.6
Gary O’Key, Democratic
Services Legal and Governance 29.05.19 29.05.19
REPORT HISTORY
Original discussion with Cabinet Member
Report deadline 24.05.19
Date final report sent 29.05.19
Part II Exempt from Disclosure/confidential
accompanying report? No
Key decision report No
Date first appeared on forward plan N/A
Key decision reasons
N/A
Background information
October 2015 Cabinet report
May 2017 Cabinet report