MINUTE of MEETING of the HOUSING COMMITTEE held in the Town and County Hall, Forfar on Tuesday 13 August 2002 at 4.20 pm.
Present: Councillors FRANK ELLIS, ALISTAIR GRAY, IAN ANGUS, BILL CROWE, DAVID LUMGAIR, STEWART McGLYNN, GLENNIS MIDDLETON, JOY MOWATT, PETER NIELD, GEORGE NORRIE MBE, BILL ROBERTON and SHEENA WELSH.
Apology: An apology for absence was intimated on behalf of Councillor ROBERT MYLES.
Councillor ELLIS, Convener, in the Chair.
1. MINUTES
(a) Previous Meeting
The minute of meeting of this Committee of 28 May 2002 was approved as a correct record and signed by the Convener.
(b) Executive Sub-Committee
The minute of meeting of the Executive Sub-Committee of 18 June 2002, a copy of which is appended hereto, was submitted and noted (APPENDIX 1).
2. HOUSING CAPITAL PROGRAMME HRA BLOCK 2002/2003
With reference to Article 2 of the minute of meeting of this Committee of 28 May 2002, there was submitted Report No 870/02 by the Director of Finance setting out the latest position on the HRA Housing Capital Programme and the HRA Planned Maintenance Programme for 2002/2003. The Report also detailed the latest estimate for the year and the spend figures to the end of June 2002.
The Report advised that the spend achieved to 30 June 2002 on the Housing Capital Programme was £0.582m. This did not include internal fees to 30 June 2002. With regard to the Planned Maintenance Programme, the budgets had been adjusted to accommodate significant increases in the costs of gas servicing and maintenance. However, in view of the balance at the start of the year being higher than anticipated, it was proposed that £161,000 be used to supplement the planned maintenance budget to allow further projects to proceed this year.
The Committee, for its interest, agreed:-
- to note the figures presented for the Housing Capital Programme; and
- to apply the higher than expected revenue balance (some £161k) to supplement the Planned Maintenance budget.
3. SCOTTISH EXECUTIVE CONSULTATION PAPER "CONSULTATION ON GUIDANCE UNDER SECTION 5 OF THE HOUSING (SCOTLAND) ACT 2001"
There was submitted Report No 871/02 by the Director of Housing advising members of a consultation paper issued by the Scottish Executive in regard to Section 5 of the Housing (Scotland) Act 2001; which related to guidance on what constituted a "reasonable" time period for compliance by a registered Social Landlord with a Local Authority request to house a homeless person and on good reasons for non-compliance with such a request.
The Committee agreed:-
- to note the Scottish Executive's draft guidance to local authorities, as detailed in Appendix 1 to the Report; and
- to homologate the response sent to the Scottish Executive, as detailed in Appendix 2 to the Report.
4. REVIEW OF DEFAULT DOMESTIC POWER SUPPLIER ARRANGEMENT
With reference to Article 20 of the minute of meeting of this Committee of 10 August 1999, there was submitted Report No 872/02 by the Director of Housing requesting that members review the default domestic power supply arrangement that the Housing Department had held for 3 years with Scottish Power.
The Report advised that, during the course of the central heating installation programme, properties which previously had no gas supply required not only a nominated gas supplier, but also new meters. The co-ordination of meter installation, and meter number, between Scottish Power (the default fuel supplier) and Transco (the shipper or owner/provider of the pipe network), had in several instances been less than satisfactory, with the consequence that the installation programme had suffered delay.
The practical experience suggested that these problems with meter co-ordination could be minimised if Scottish Gas were the gas supplier. Although, as part of British Gas, Scottish Gas were a separate company from Transco, and would seem to offer a more efficient meter installation process. The tenant's choice would not be affected in any way and tenants could change their gas or electricity supplier to a different supplier of their choice at any time by giving 28 days notice to the current supplier.
The Committee agreed:-
- to note the contents of the Report;
- that there be no renewal of the arrangement held with Scottish Power;
- that Scottish Gas be approved as the default supplier for all new gas supplies; and
- that the choice of electricity supplier be left up to individual tenants.
5. INTRODUCTION OF THE SCOTTISH SECURE TENANCY
With reference to Article 8 of the minute of meeting of this Committee of 16 April 2002, there was submitted Report No 873/02 by the Director of Housing regarding the introduction of the Scottish Secure Tenancy which the Scottish Executive had introduced to replace the existing Secure Tenancy for all tenants. The new Scottish Secure Tenancy Agreement would commence from 30 September 2002.
The Report related to the implementation of the Angus Council Scottish Secure Tenancy and the required summary version from 30 September 2002. A copy of the full document was available in the Members' Lounge and a copy of the summary was attached as an Appendix to the Report.
The Angus Council Scottish Secure Tenancy Agreement would initially be signed by new and transfer tenants, with the intention to expand the signing process to ensure the majority of Angus Council tenants had signed the new Agreement by 31 March 2004.
The Director of Housing advised the Committee that a further letter had been received from the Scottish Executive which would necessitate amending the Angus Scottish Secure Tenancy Agreement and summary version as appended to the Report.
The Committee agreed to approve the contents of the Angus Scottish Secure Tenancy Agreement and summary version, subject to the appropriate amendments.
6. ESTABLISHMENT OF A MECHANISM FOR DEVELOPMENT AND MAINTENANCE OF A REGISTER OF ANGUS TENANT ORGANISATIONS
With reference to Article 4 of the minute of meeting of this Committee of 28 May 2002, there was submitted Report No 874/02 by the Director of Housing outlining the duty placed on landlords to establish a mechanism for development and maintenance of a register of tenant organisations in Angus based on criteria set by Scottish Ministers.
The Report advised that the new responsibilities, which would create a framework of statutory duties on landlords to consult with individual tenants and tenant organisations, would come into force on 30 September 2002. All local authority and registered social landlords would be required to maintain a register of tenant organisations, that would be made available for public inspection at reasonable times. Scottish Ministers would shortly, by Order, set out the criteria to be satisfied by a body seeking registration and the procedure to be followed in relation to application and removal from the register. A draft schedule of criteria for registration in a register was detailed in Appendix 1 to the Report.
The Committee agreed:-
- to note the contents of the Report;
- to approve the proposal to establish a mechanism for development and maintenance of a register of tenant organisations in Angus based on criteria set by Scottish Ministers, in pursuance of the statutory obligation placed on local authorities and registered social landlords (RSL's) with regard to the Implementation of the Tenant Participation Provisions of the Housing (Scotland) Act 2001; and
- to consult with tenants as part of the process involved in the regulatory framework of Communities Scotland.
Councillors Ellis, Gray and Glennis Middleton declared and interest in the following item.
7. FIRST REPORT OF THE HOUSING IMPROVEMENT TASK FORCE
There was submitted Report No 875/02 by the Director of Housing seeking homologation of the views expressed in response to the recent Scottish Executive consultation on the First Report of the Housing Improvement Task Force.
The Report indicated that local authorities and other agencies with an interest in the private housing sector had been invited to comment on the Task Force Report by 14 June 2002. Members of staff from departments that had a professional or service interest in the workings of the private housing sector and the problems associated with it, had reviewed the Report and their views and responses had been collated by the Housing Department, to form the basis of a considered and corporate response, which was attached as Appendix 1 to the Report.
The Committee agreed to homologate the comments submitted to the Scottish Executive in response to their consultation exercise on the first Report of the Housing Improvement Task Force, as detailed in the Appendix to the Report.
8. SUPPORTING PEOPLE "RENT POOLING"
There was submitted Report No 876/02 by the Director of Housing advising members on the financial implications for housing support services currently funded through the Housing Revenue Account, after the introduction of Supporting People in April 2003.
The Report indicated that, from April 2003, sheltered tenants, homeless residents in temporary accommodation and other mainstream tenants in receipt of warden or other housing support services, would no longer have the cost of these services met through the HRA. Whilst final guidance was awaited regarding charging, there had been an indication that residents in receipt of housing support on a temporary basis would not be charged. This would apply to homeless people or others who might require short term or intermittent support to sustain their tenancy. However, where someone was in receipt of housing support longer term, this would be subject to a charge, which would have major implications for sheltered housing tenants.
The Report noted that, if the charging policy confirmed this to be the case, from April 2003 sheltered tenants who had previously benefited from rent pooling, would have to meet the cost of the warden service. It had been suggested that those eligible for Housing Benefit or Income Support would be "passported" to have the cost met by Supporting People Grant, with tenants who were not eligible, being charged for the service. The Guidance indicated that charges to tenants not eligible for Supporting People grant, who were resident prior to 1 March 2003, would be rebated in full in 2003/2004 and these tenants would receive tapered protection until 1 April 2006. However, any new tenants after this date would come under the Council's charging policy which was means tested.
The Report concluded that the introduction of Supporting People was likely to have a major financial impact on a significant minority of sheltered housing tenants and could affect the long term viability of a number of schemes. It was intended to review the warden service and other tenancy support services to ensure that they were effective and efficient in meeting the assessed needs of vulnerable people and to comply with the Regulation of Care standards for housing support. This was fundamental to ensure that Angus Council continued to provide a quality housing support service which remained affordable, particularly to vulnerable older people.
Following discussion and concern being expressed by several members on the likely implications for sheltered tenants, the Committee agreed:-
- to note the funding implications;
- to note the financial implications for tenants not entitled to Supporting People funding;
- to approve a review of warden and other housing support services to ensure best value and compliance with the standards for regulating housing support; and
- to approve an income maximisation exercise targeting all Angus Council Sheltered tenants.
9. PERFORMANCE MANAGEMENT AND PLANNING AUDIT HOUSING SERVICE PROGRESS UPDATE
With reference to Article 8 of the minute of meeting of this Committee of 22 May 2001, there was submitted Report No 877/02 by the Director of Housing which provided members with information relating to the progress update report that had been received from Audit Scotland with regard to the Performance Management and Planning Audit that had been carried out on the Housing Service.
The Report indicated that the department had made considerable progress in implementing the improvement actions agreed with the Auditor and that the outstanding actions would be completed.
The Committee agreed:-
- to note the contents of the Report; and
- to note that, in the opinion of Audit Scotland, the Housing Department had made good progress in implementing the actions agreed in 2000/2001.
10. BALANCED SCORECARD PROGRESS REPORT
With reference to Article 9 above, there was submitted Report No 878/02 by the Director of Housing regarding statistics gathered since the adoption of the Balanced Scorecard in July 2001.
The Report advised that the Housing Department's Balanced Scorecard had been piloted in July 2001 and was still undergoing development and refinement. The results only related to quarters 2, 3 and 4 of the financial year 2001/2002, but provided a useful benchmark against which future performance could be monitored.
The Committee agreed to note the contents of the Report.
11. VISIT BY LIMERICK COUNCIL 29/30 AUGUST 2002
The Committee noted that there would be a two-day visit from Officers/Councillors of Limerick Council on 29/30 August 2002. The Director of Housing advised the Committee that the hospitality costs associated with the visit, originally estimated at £700, had been revised to £1,000 which would be met from the Housing Revenue Account Hospitality Budget.
The Committee agreed to approve the costs of the hospitality.
12. COUNCIL HOUSE SALES
With reference to Article 7 of the minute of meeting of this Committee of 28 May 2002, there was submitted and noted Report No 879/02 by the Director of Finance detailing Council House sales for the period up to 30 June 2002.
13. HOMELESSNESS BILL CONSULTATION PAPER
With reference to Article 6 of the minute of meeting of this Committee of 16 April 2002, there was submitted Report No 880/02 by the Director of Housing advising members of Angus Council's response to the Homelessness Bill Consultation Paper.
The consultation paper set out a number of specific questions related to the Task Force's proposals and these, together with the responses, would form the basis of the forthcoming Bill, which was to be introduced to Parliament later this year.
The proposed Bill gave further duties and powers to local authorities concerning the concepts of priority need, intentionality and local connection. A copy of Angus Council's response to the Scottish Executive was detailed in Appendix 1 to the Report.
The Committee agreed to homologate the response to the Scottish Executive on the Homelessness Bill Consultation Paper.
14. EXCLUSION OF PUBLIC AND PRESS
The Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded from the meeting during consideration of the following items, so as to avoid the disclosure of information which was exempt in terms of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973, paragraphs 4, 6, 8 and 9.
15. COUNCIL HOUSE SALES SCHEDULES
With reference to Article 14 of the minute of meeting of this Committee of 28 May 2002, there was submitted and noted Report No 881/02 by the Director of Finance which detailed individual Council House Sales for the first quarter of 2002/2003.
16. REPAIR GRANT APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY
With reference to Article 11 of the minute of meeting of this Committee of 28 May 2002, there was submitted and noted Report No 865/02 by the Director of Planning and Transport detailing applications for repair grants totalling £23,003.67, which had been approved under delegated authority.
17. IMPROVEMENT GRANT APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY
With reference to Article 12 of the minute of meeting of this Committee of 28 May 2002, there was submitted and noted Report No 864/02 by the Director of Planning and Transport detailing applications for improvement grants totalling £61,341.91, which had been approved under delegated authority.
18. RETAINING WALL WEST HIGH STREET, FORFAR
There was submitted Report No 882/02 by the Director of Housing regarding the need for the acquisition of a strip of land at West High Street, Forfar.
The Report advised that the proposal to stabilise the retaining wall required the acquisition of the strip of ground with associated areas for contractors compounds, currently occupied by tenants of the private landlord. Due to the difficulties of access, there were no alternative ways of carrying out this major wall stabilisation without acquiring a strip of ground and paying compensation to the tenants concerned.
The Committee agreed that the Council acquire a strip of ground at the rear of the property in West High Street, Forfar and pay compensation to tenants of the private landlord affected by the works.
Councillors Gray and Welsh declared an interest in the following two items.
19. CLIFFBURN, ARBROATH REGENERATION PHASE 1 DEMOLITION OF FLATS ON 18 56 AND 17 63 NESS DRIVE AND 2 8 GREAT MICHAEL ROAD, ARBROATH
With reference to Article 7 of the minute of meeting of this Committee of 22 May 2001, there was submitted Report No 883/02 by the Director of Housing seeking approval to demolish 48 difficult to let flats and 12 adjacent garages located at Ness Drive and Great Michael Road, which would constitute Phase 1 and signify the start of a rolling programme of physical regeneration initiatives planned for the Cliffburn area of Arbroath.
The Committee agreed:-
- to note the contents of the Report;
- to approve the demolition of the flats and temporary landscaping of the entire area of ground, at an estimated cost of £134,500, until such time as re-development funding was released from Communities Scotland to Angus Housing Association Limited, to construct a number of new build houses for rent on the site; and
- to approve the re-housing of the remaining tenants at 18 56 and 17 63 Ness Drive and 2 8 Great Michael Road, Arbroath and the payment of any subsequent home loss and disturbance money, amounting to £26,000.
20. CLIFFBURN, ARBROATH REGENERATION PHASE 2 CONSULTANCY
With reference to Article 8 of the minute of meeting of this Committee of 8 January 2002, there was submitted Report No 884/02 by the Director of Housing which outlined Phase 2 of the Consultancy work with regard to the Cliffburn Regeneration Project.
The Report indicated that following on from the work to date, a need had been identified to undertake a second phase of consultancy work. This would examine in more detail the social, economic and environmental regeneration solutions and place them in an Arbroath-wide context. It would also scope out the options for delivery of the solutions via the establishment of a community-based organisation which could drive the process. The organisation would be consulted at an Arbroath-wide level but with an initial Cliffburn focus and would have the ability to deliver or manage a possible range of services such as estate management and utilities companies.
The Committee agreed:
- to note the contents of the Report; and
- to approve a contribution of £35,500 to the Phase 2 Consultancy costs, subject to Communities Scotland and Angus Housing Association Limited each contributing a similar amount.
21. DISPOSAL OF GROUND
(a) Rattray Street, Monifieth
There was submitted Report No 885/02 by the Director of Housing relating to the disposal of an area of ground at Rattray Street, Monifieth, as detailed in the plan attached to the Report.
The Committee agreed that the area of ground referred to in the Report be sold on the open market, subject to consent being received from Scottish Ministers, and on appropriate terms and conditions.
(b) 10 Adams Way, Montrose
There was submitted Report No 886/02 by the Director of Housing relating to the disposal of an area of ground adjacent to 10 Adams Way, Montrose, as detailed in the plan attached to the Report.
The Committee agreed that the area of ground referred to in the Report be sold to the applicant at the agreed valuation, subject to consent being received from Scottish Ministers, and on appropriate terms and conditions, including that the Council's reasonable legal and valuation costs be met by the applicant.
(c) No 9 Council Houses, Bogindollo, by Forfar
There was submitted Report No 887/02 by the Director of Housing relating to the disposal of an area of ground adjacent to No 9 Council Houses, Bogindollo, by Forfar, as detailed in the plan attached to the Report.
The Committee agreed that the area of ground referred to in the Report be sold to the applicants at the agreed valuation, subject to consent being received from Scottish Ministers, and on appropriate terms and conditions, including that the Council's reasonable legal and valuation costs be met by the applicants.
Councillors Gray and Welsh declared an interest in the following item.
22. STRATHAIRLIE, ARBROATH ENVIRONMENTAL IMPROVEMENTS PHASE 3
With reference to Article 1 of the minute of meeting of the Housing Executive Sub-Committee of 17 October 2000, there was submitted Report No 888/02 by the Director of Housing which outlined details of the third and final phase of the Environmental Improvement Programme at Strathairlie, Arbroath.
The Committee agreed:-
- to note the contents of the Report; and
- to approve the proposal to fund the cost, estimated at £17,845, of the third and final Phase of the Environmental Improvement works at Strathairlie from the Housing Revenue Account Capital Programme.
23. CLAIM FOR COMPENSATION FOR IMPROVEMENTS
There was submitted Report No 889/02 by the Director of Housing giving details of improvements carried out by a previous tenant to Council property not covered by the Statutory Compensation scheme. The Report set out proposals for an ex-gratia payment, equivalent to the statutory payment, to be made to the former tenant.
The Committee noted the contents of the Report, and agreed that an ex-gratia payment, as detailed in the Report, be made to the former tenant.
24. RE-PURCHASE OF AREA OF GROUND AT SHERIFF PARK GARDENS, FORFAR
There was submitted Report No 890/02 by the Director of Housing relating to the repurchase of an area of ground between numbers 38 and 39 Sheriff Park Gardens, Forfar, as detailed in the plan attached to the Report.
The Committee agreed that the area of ground referred to in the Report be re-purchased from the owner/occupiers at the agreed valuation, subject to appropriate terms and conditions, including that the Council meet the reasonable legal and valuation costs.
Councillors Gray and Welsh declared an interest in the following item.
25. REVOCATION OF CLOSING ORDERS
There was submitted Report No 894/02 by the Director of Environmental and Consumer Protection regarding the revocation of Closing Orders made by Angus Council on 4 May 1999.
The Committee agreed to recommend to the Council that the Closing Orders placed on the undernoted properties be revoked following works having been undertaken to bring the properties up to the tolerable standard as described in the Housing (Scotland) Act 1987:-
- First and Second Floor Flats, namely 30 New Wynd, Montrose; and
- 35a New Wynd, Montrose.
26. SERIOUS ARREARS CASES HOUSING REVENUE ACCOUNT TENANTS
There was submitted Report No 891/02 by the Director of Housing regarding serious arrears of rent in respect of 25 Council house tenants, as detailed in the Appendix to the Report.
The Committee agreed that all 25 cases be monitored and that approval be given to evict if regular payments to reduce the arrears were not received.
27. PROPOSED NEW OFFICE FOR HOUSING DEPARTMENT STAFF IN FORFAR
The Committee agreed to defer consideration of this item.
28. WINDOW AND DOOR REPLACEMENTS AT BRECHIN AND EDZELL, CONTRACT 02_WIND_B1 TENDER REPORT
With reference to Article 22(a) of the minute of meeting of this Committee of 19 February 2002, there was submitted Report No 893/02 by the Director of Property Services on tenders received for the removal of existing windows and doors and the installation of new timber double glazed windows and doors, together with all associated works, to 112 houses in Brechin and Edzell.
The Committee agreed:-
- to authorise acceptance of the lowest tender for the several works, that of Taycon Construction Ltd, Dundee, in the amount of £394,953.32;
- to approve the estimated total cost of £450,034 (at out turn prices);
- to note that an allowance of £450,000 for this project had been made in the HRA Capital Programme; and
- to note that the additional revenue expenditure arising from this project (first full year 2003/2004) was £45,000 per annum in respect of loan charges calculated over 20 years.
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