Agenda item

To enable Non-Cabinet Members to raise an issue of relevance to Brent for debate on which notice has been provided in accordance with Standing Order 34 and to receive updates from Cabinet members, as required, on any issues previously raised.

Members are asked to note that the subject identified for debate at this meeting is as follows:

Guaranteeing new builds are safe and free of dangerous defects

Please note: The motion submitted as the basis for this debate has been attached.

In accordance with Standing Order 34, the Mayor advised that the next item on the agenda was the non-cabinet member debate, with the subject chosen for consideration being guaranteeing new builds were safe and free of dangerous defects.

Members were advised that the motion submitted as the basis for the debate had been circulated with the agenda and that the time available for the debate was 25 minutes.

The Mayor then invited Councillor Georgiou to introduce the motion which had been submitted as the basis for the Non-Cabinet Member debate.  In moving the motion, Councillor Georgiou began by highlighting the significant increase in residential developments across the borough over recent years, which it was felt had changed the landscape of Brent particularly in terms of the concentration of large tower blocks around Wembley Stadium, Wembley Central and Alperton.  Recognising the need for residents to be able to live in safe buildings free from defects, Councillor Georgiou advised that the subject put forward for debate was seeking to highlight not only the negative impacts associated with the scale of these developments on existing residents in Brent but also the poor standard of many of the new builds and effect on those living within the developments.  As examples, reference was made to issues which had been highlighted by residents relating to dangerous and faulty lifts in high rise blocks, water and waste leaks, damp and mould and unsafe balconies and outdoor communal space.  Whilst developers at the planning stage were keen to highlight how seriously they took building standards with commitments given to the construction of good quality and safe developments. these were not always delivered with concerns also highlighted at the way they were subsequently being held to account by the Council.  As a result, the motion was seeking a tougher line being taken with developers who consistently failed to meet the required standards in terms of building safety and construction with a need identified to better hold developers, construction companies and housing management companies to account for the speedy resolution of safety issues and defects, where identified, to minimise the impact on residents.  Given the concerns highlighted, Councillor Georgiou hoped that all members would support the motion submitted as the basis for the debate and action being sought to ensure the Council became a leading voice in calling for better regulation and accountability from developers who were failing residents living in their buildings.

The Mayor thanked Councillor Georgiou for introducing the motion and then opened up the debate for contributions from other members.

In providing an initial response to the debate and motion, Councillor Muhammed Butt, as Leader of the Council and Cabinet Member for Housing, Regeneration Planning & Growth, thanked Councillor Georgiou for highlighting the issues raised and implicit recognition within the motion that devolving more powers, to local government would be a beneficial thing to improve building safety.  In support of this position the Leader advised he would be willing to write to the new Government making the Council’s view clear on the need for improvements in relation to governance around building safety with examples sought on where it was felt the current regulator had failed to act in this respect.  Whilst supporting the view that every resident had the right to live in good quality, well maintained homes and recognising the key role which the Council had in securing the provision of those homes, both in terms of commissioning building and also in attracting the private sector into the borough through the framework of the Local Plan, Councillor Muhammed Butt advised there were a number of issues and recommended actions within the motion which it would not be possible to support. 

As a starting point, attention was drawn to the limited number of criteria which could be considered as material planning considerations with development applications needing to be assessed and considered against these on the basis of the plans submitted by the applicant and site in question, rather than on the history of their previous developments with any deviation from this approach likely to result in costly legal challenge.  Until there was any change in the law local authority building control departments had limited responsibility for dealing with issues that arose in buildings after their construction had been completed.  In clarifying the Council’s responsibility, it was pointed out that jurisdiction for any issues following construction fell within the remit of the Building Safety Regulator who would need to work with the building owner, principal contractor and designer responsible for the development in order to ensure they were addressed.  Given this position Councillor Muhammed Butt felt it important to recognise that the Council was not therefore resourced (either legally or financially) to be able to take on the additional responsibilities being sought which, it was pointed out would also duplicate support and resource already available from specialists such as the Housing Ombudsman and Building Safety Regulator.  In terms of  reference to the potential use of Community Infrastructure Levy (CIL) to fund the additional actions being sought, members were reminded (as had been highlighted at a recent scrutiny meeting) that the use of CIL remained tightly regulated and would not support the proposed use outlined within the motion.

In concluding his response, Councillor Muhammed Butt felt it important to highlight the extent and nature of the housing and homelessness emergency currently faced across the borough, which he felt supported the need for the Council to continue encouraging further development with an urgency that reflected the current levels of demand for the supply of housing.  With the Council already committed to providing the services they had the powers to deliver he therefore advised that the Labour Group would not be able to support the motion moved as the basis for the debate.

As a further contribution to the debate Councillor Jayanti Patel also felt it was important to recognise the current restrictions on the use of CIL, which he understood would not be available for use on revenue schemes or in seeking to rectify existing building defects as proposed within the motion.  He also felt it was important, in considering the issues highlighted within the motion, to ensure that private sector and registered social housing landlords (including the Council) and developers were held to account for addressing safety concerns within the properties they owned or were responsible for maintaining with use of existing legal powers or the Housing Ombudsman rather than seeking to place additional duties on the Council.

Continuing to focus on CIL and Section 106, Councillor Kansagra felt there was a need to recognise the significant balance currently held by the Council in their CIL reserve.  Whilst supporting efforts being made to lobby for more flexible use of the funds generated, he felt the Council should be making more effort to utilise the funds available in order to improve and enhance the infrastructure in areas surrounding major development sites across the borough including highway and broader neighbourhood improvements.

As a final contribution, and in seeking to move the debate away from CIL and  refocus on building safety, Councillor Lorber felt that the key issue remained the ability and responsibility for holding developers to account for the quality and standard of building construction within the schemes they were delivering and in rectifying safety defects (including cladding issues) following completion.  Whilst recognising the pressure on funding, Councillor Lorber felt the current development system required reform with developers able to speculate on the acquisition of development sites and then contract out responsibility for the construction and management of the site making it more difficult to hold them to account for the quality and standard of build being delivered and the remedy safety issues and defects once completed.  In order to ensure residents were able to live in safe buildings, Councillor Lorber advised he would therefore be supporting the motion in seeking reform of the development system and provision of powers enabling local authorities to step in and act when issues in new buildings had been identified.

As no there were no further contributions, the Mayor then invited Councillor Muhammed Butt, as Leader and Cabinet Member for Housing, Regeneration, Planning & Growth to summarise and close the debate.

In closing the debate, Councillor Muhammed Butt felt it important to remind members of the current financial challenges faced by the Council, which made supporting the unfunded proposals within the motion unviable to achieve, including the proposed use of CIL.  Whilst unable, therefore, to support the proposals within the motion Councillor Muhammed Butt assured members that the Council (using the existing powers available) would continue seeking to hold developers and landlords to account in as robust a way as possible for the maintenance of their properties.  For the reasons identified during the debate he therefore reiterated that the Labour Group would not be supporting the motion moved as the basis for the debate.

Having thanked members for their contributions, the Mayor then moved to the vote on the motion moved as the basis for the Non-Cabinet Member debate which was declared LOST.

It was therefore RESOLVED to reject the following motion as the outcome of the non-cabinet member debate:

“Guaranteeing new builds are safe and free of dangerous defects.

The number of new residential buildings in the borough has increased substantially in recent years.  New buildings have changed the landscape of our borough, with the vast majority of large towers blocks around Wembley Stadium, Wembley Central and Alperton.

Brent’s Labour Cabinet, particularly the Leader and former Cabinet Member for Regeneration, often point to significant building in the borough as their proudest achievement – but they always fail to recognise its negative impact on existing residents in Brent and those who end up living in these buildings.

A worrying number of new buildings in Brent have significant defects. The standard of some new builds is shockingly poor – issues include dangerous, faulty lifts in high-rise blocks, water and waste leaks, unsafe balconies and outdoor communal spaces.,

At the Planning stage, developers are keen to highlight how seriously they take building standards and commit to building good quality, safe new homes. Sadly, some fail to do this and very little is done to hold them to account. Brent Council has little involvement after the planning stage and Council Officers are on record as effectively stating it is not the local authority’s responsibility to do anything if there are issues in new buildings once built.

All residents deserve to live in safe buildings, free of defects. When issues arise, developers, construction companies and housing management companies must do a better job of resolving these issues quickly to minimise the impact on residents.

Brent Council should have a much tougher line on developers who consistently fail residents by building unsafe buildings with significant defects and should be a leading voice in calling for better regulation and accountability from developers who are failing residents in their buildings.

This Council therefore resolves to:

·             Create a borough-wide log of issues in new builds to get a better picture of the type of problems faced and urge the Labour Government, as part of their planning reforms, to enable decisions about whether to allow developers, who have issues in their existing stock, to continue building in our borough to be treated as a material planning consideration

·             Urge the Labour Government to make it possible for local authorities to step in and act when issues in new buildings occur. Currently Brent’s Building Control Team are only responsible for ensuring that the construction of any new building is undertaken in line with building regulations. This needs to be extended to when building is completed and when issues present after the construction phase. Additional costs associated with increasing responsibilities for the Council should be permitted to come directly from CIL contributions made by developers.

·             Create a dedicated helpline for tenants and leaseholders in new blocks across the borough, for them to be able to report issues so that the Council can assist in guaranteeing action from the relevant bodies and when necessary to support residents in raising complaints with the Housing Ombudsman.”