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Approval of delegation of powers from Cambridgeshire County Council to Cambridge City Council under part 7 of the Energy Performance of Buildings (England and Wales) Regulations 2012.
Approval for the Council to utilise these delegated powers to investigate, enforce and impose fines on those who fail to meet the legal obligations imposed on them to provide Energy Performance Certificates, (EPC’s) to tenants of privately rented property within the City.
Decision Maker: Executive Councillor for Housing and Homelessness
Decision published: 26/02/2020
Effective from: 26/12/2019
Decision:
This item was
chaired by Councillor Mike Todd-Jones
Matter for
Decision
i.
The Energy Performance of Buildings (England and
Wales) Regulations 2012 sets out the legal obligation for landlords to provide
energy performance certificates to new and prospective tenants in the majority
of rented homes. Currently this legislation is only enforceable by the local
weights and measures service, this service sits within the Cambridgeshire
County Council remit.
ii.
The Energy Performance Certificate hereinafter
referred to as EPC provides a rating for the energy performance of a home. The
rating ranges from A to G with A being the most efficient. The rating is based
on factors such as age, layout, heating, lighting and insulation. The ratings
were all carried out to a set standard meaning all property EPCs were directly
comparable. The EPC was presented in such a way to allows occupiers /
prospective occupiers of the property to make an informed decision relating to
energy costs and the thermal efficiency of the building. Appendix A sets out
where the regulations require that an EPC should be provided.
iii.
A breach of the aforementioned regulations would
take place if the person who is responsible for letting the property had not
provided an EPC to new tenants where the regulations require them to do so. A
penalty notice may be served by the enforcing authority for a breach of the
regulations. The penalty notice is fixed at £200 where the building was a
dwelling. There was a right of appeal to the county court if the responsible
person feels the notice should not have been served, however in most cases the
offence will be clear.
iv.
The delegation of these powers from the County
Council to Cambridge City Council would lead to an improved customer journey by
creating the ability for complaints relating to private sector housing to be
addressed accordingly by a single authority. A copy of the proposed delegation
is attached Appendix B of the Officers report.
Decision
of Executive Councillor for Housing
i.
Approved
for Cambridge City Council to seek delegation from Cambridgeshire County
Council for Part 7 Enforcement of The Energy Performance of Buildings (England and Wales) Regulations 2012.
ii.
Approved
investigation and enforcement by the Council for non-compliance of providing an
energy performance certificate in cases where it is deemed appropriate.
iii.
Approved
the Environmental Health Manager to make a decision on the continuation of the
delegation on a biannual basis or to give notice to terminate the delegation as
appropriate.
Reason for the Decision
As set out in the Officer’s report.
Any Alternative Options Considered and Rejected
Not applicable.
Scrutiny
Considerations
The Committee received a report from the Project Officer (Private Rented
Sector).
The Project Officer (Private Rented Sector) said the following in
response to Members’ questions:
i.
Confirmed that there
would be some initial external funding. On-going costs (officer time) would be
recovered from any fines imposed. It was not anticipated that the service would
run at a lost but the situation would be monitored.
ii.
Enforcement of Energy Performance Certificate
requirements would be difficult where a leaseholder was sub-letting and raising
awareness was a better option.
iii.
The policy would only be applicable to domestic
properties.
The Committee resolved
unanimously to endorse the recommendations.
The Executive Councillor
approved the recommendations.
Conflicts of Interest Declared by the Executive Councillor (and any
Dispensations Granted)
No conflicts of interest
were declared by the Executive Councillor.
Lead officer: Philip Winter
To purchase the piece of land.
Decision Maker: Executive Councillor for Transformation
Decision published: 06/01/2020
Effective from: 20/12/2019
Decision:
CAMBRIDGE CITY
COUNCIL
Record of Executive Decision
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Approval of budget for purchase of Land |
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Decision
of: |
Cllr
Richard Robertson, Executive
Councillor for Finance and Resources |
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Reference: |
19/URGENCY/SR/13 |
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Date
of decision: |
20.12.19 |
Recorded
on: 20.12.19 |
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Decision
Type: |
Key Decision |
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Matter for Decision: |
Urgent approval
for budget approval for the purchase of land. |
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Why the decision had to be made (and any
alternative options): |
The land was only available at a proposed price
for exchange before Christmas 2019, and therefore cannot wait for next
scheduled Strategy and Resources Scrutiny Committee and Council Meeting in
February 2020. |
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The Executive Councillor’s decision(s): |
To approve the budget for the purchase of land. |
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Reasons for the decision: |
As detailed in the
Officers report which is considered exempt from publication by virtue of paragraph 3 of Part 1 of Schedule
12A of the Local Government Act 1972. |
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Scrutiny consideration: |
The Chair and
Spokesperson of Strategy and Resources Scrutiny Committee were consulted
prior to the action being authorised. |
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Report: |
The report relates to an
item which contains information exempt by virtue of paragraph 3 of Part 1 of
Schedule 12A of the Local Government Act 1972. |
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Conflicts of interest: |
None |
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Comments: |
Part 4C section
6.1 of the Councils Constitution, permits decisions to be taken which are
outside of the budget framework if the decision is: a matter of
urgency (this is correct) it is not
practical to convene a quorate meeting of the Council, (this is correct); and the Chair of the
Strategy and Resources Scrutiny Committee agrees the matter is of urgency
(the Chair agreed). The next available ordinary Full Council meeting
is 13 February 2020 which is too late. The decision will
be reported back to the Strategy and Resources Committee at their next meeting
in February 2020 |
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Lead officer: Claire Flowers
To approve the decision for the Council to enter into the Housing Infrastructure Fund Funding Agreement and a back to back agreement with Anglian Water.
To delegate final approval of relevant documentation and management of delivery of their terms to the Strategic Director.
Decision Maker: Executive Councillor for External Partnerships
Decision published: 19/12/2019
Effective from: 16/12/2019
Decision:
CAMBRIDGE CITY
COUNCIL
Record of Executive Decision
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CAMBRIDGE
NORTHERN FRINGE EAST FUNDING AGREEMENT APPROVAL |
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Decision of: |
Councillor Herbert, Executive Councillor for
Strategy and External Partnerships |
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Reference: |
19/URGENCY/SR/12 |
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Date of decision: |
16.12.19 |
Recorded on: 17.12.19 |
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Decision Type: |
Key |
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Matter for Decision: |
To approve the decision
for the Council to enter into the Housing Infrastructure Fund Funding
Agreement and a back to back agreement with Anglian Water. To delegate final
approval of relevant documentation and management of delivery of their
terms to the Strategic Director |
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Why the decision had to be made (and any alternative
options): |
Following
detailed negotiations during 2019, the draft contracts were still unavailable
for final sign-off during the Autumn Committee Cycle. The spend
profile and timescales required for the HIF funding require commissioning of
key studies in advance of the spring environmental window. Final sign off of
the development agreement has to be completed by end of 2019 in order for
this commissioning to meet the relevant window. If it doesn’t key activity
could be delayed by up to 6 months. It is
therefore critical to achieve final sign off for the funding Agreement in
advance of the next committee cycle. (February 2020). |
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The Executive Councillor’s decision(s): |
Approved |
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Reasons for the decision: |
The reasons for the decision are contained in an officer’s report which is considered to be exempt from publication by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) Order 2006. |
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Scrutiny consideration: |
The Chair and Spokesperson of Strategy and Resources Scrutiny Committee were consulted prior to the action being authorised. |
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Report: |
A report detailing the background and financial considerations is considered to be exempt from publication by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) Order 2006 |
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Conflicts of interest: |
None |
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Comments: |
The decision will be reported back to the Strategy and Resources Scrutiny Committee on 3 February 2020. One query was raised on clarification of potential cost overrun risk. This is a potential risk where project partners may be asked to fund any cost overruns above the maximum HIF Fund available if these occur. Mitigations negotiated include: - Limitation of cost risk level and assignment of the risk to appropriate project partner - Rigorous planning and management and monitoring of costs at all stages - Claims assurance and approval by Section 151 officer Repayment of any cost incurred through allowable costs from future development scheme |
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Lead officer: Fiona Bryant
