COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 1 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth Please can you explain the basis of the Council’s involvement in the New Capital Quay (NCQ) cladding dispute in terms of the legal framework and a duty of care towards its residents? Reply – I thank Councillor Khan for his question. The Council has a general legal responsibility to safeguard its residents with further specific responsibility under the Housing Act (2004) to ensure that homes in the area meet certain legal standards. The MHCLG instructed Local authorities in June 2017 to identify buildings within their borough that had Aluminium Composite Material (ACM) in their composition. The Council collected this information and continues to keep MHCLG up to date with the latest updates with regards to remedial work at affected sites. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 2 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth Does the Council have any statutory powers, duties or function for oversight of the remedial works at NCQ and what is basis for this conclusion? Reply – I thank Councillor Khan for his question. The Council does not have any oversight of the remedial works taking place at New Capital Quay given that the approved inspector for this project is being conducted by a private firm. The Council respects Galliard’s decision to use an Approved Inspector independent of the Council and it should be noted that the Council cannot provide the same contractual warranties as a private building control firm ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 3 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth As part of the Council’s development control process did Galliard notify the Council of any change to materials, or were the ACM cladding and Kingspan K15 insulation always part of the design of NCQ approved plans? Reply – I thank Councillor Khan for his question. Due to the age of the applications the Council would require information to be brought out of archive in order to confirm this. Importantly however, the building control process for New Capital Quay was completed by a privately approved inspector. Therefore any review of the originally submitted materials or any change in materials beyond its aesthetic appearance would be completed by this party. Regarding the recladding project, any aesthetic changes from the originally approved materials granted in January 2019 would require planning permission. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 4 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth Has the Council had sight of the fire reports of the approved inspector (NHBC) following the recent fire testing? If so, it is unclear to residents as to why their request to Galliards for the various fire expert reports have been refused. Please can this documentation be shared, if this is possible? Reply – I thank Councillor Khan for his question. The Council has not had sight of the fire reports of the approved inspector (NHBC). The Council were advised within the FAQs released by NHBC in July 2018 that "in line with its normal practice, NHBC will not be disclosing its expert’s report.”. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 5 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth Please can the Council enquire with Galliard who is the project manager for the NCQ remedial works, assuming there is one. Please can the Council provide copies of the documentation exchanges and correspondence between the Council and Galliard as part of the remedial works? Reply – I thank Councillor Khan for his question. The Council will request that Galliards share information regarding the identity of the Project Manager. In terms of documents and correspondence it is good practice for the Council to obtain consent from the relevant person/ organisation before providing disclosure. The Council has written to Galliards requesting this consent in addition to requesting details of the project manager. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 6 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth Galliard have refused to rule out passing any costs of remedial works, including waking watch, on to residents, in my view this is unacceptable and can the Cabinet Member confirm his understanding of this situation? Reply – I thank Councillor Khan for his question. As far as the Council are aware, Galliards have not indicated to the Council that they will pass on any costs for remedial works onto residents, including the costs for a waking watch. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 7 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth As a Labour-led Council, we are supportive of Labour Party Policy that there should be a December 2019 deadline for remedial works to be completed or proof of substantial progress by then. Given the current timetable will the Council consider all legal avenues to ensure Galliards comply with this reasonable timeline? 8 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth Will the Council also lobby the government alongside other stakeholders to adopt this Labour Party policy and to provide additional compulsory purchase powers to councils such as ours to ensure compliance with the Labour Party timetable? Reply – I thank Councillor Khan for his questions. The Council have reviewed the project schedule that has been submitted by Galliards who have previously assured us that they remain committed to removing the cladding as quickly and as professionally as possible. Given the size and complexity of the project the Council understands its completion will take a time. This is likely to exceed the December 2019 deadline. The Council will however continue to liaise with the building owner to monitor progress and lobby the government alongside other stakeholders to adopt the Labour Party policy. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 9 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth Please can the Council provide regular communication to all the NCQ residents to show how it is effectively discharging its responsibilities and standing up for local people? Reply – I thank Councillor Khan for his question. The Council is not directly responsible for the works at New Capital Quay. The Council will ask the building owner to maintain good communication with all residents and stakeholders. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 10 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth In 2 years insurance cost to New Capital Quay (NCQ residents) has increased by 31%, excess for water leaks has increased to £2,500. General leaks in the first few years should be fixed by the Developer and paid for by the NHBC. Yet residents believe they have been met from the property insurance (thus the increase). Please can the Council ascertain if this type of increase is normal, i.e. have other developments in the Royal Borough of Greenwich had similar increases? If not can the Council ascertain why these changes to the insurance arrangements have occurred at NCQ? Reply – I thank Councillor Khan for his question. The Council does not have access to information relating to the insurance premiums being charged at private sector developments within the borough. Should you wish to investigate, the Leaseholder Advisory Service provide free advice and resources on specific areas of residential leasehold law, including insurance. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 11 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth Please can the Council consider placing a moratorium on any new building by Galliards in this Borough? Only to be lifted following a successful resolution of all the problems at NCQ to protect other residents in the Borough? Reply – I thank Councillor Khan for his question. The Council does not consider this to be a proportionate response given the commitments the building owner has made to rectify the issues found at the NCQ Development. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 12 Question from Councillor Mehboob Khan, to Councillor Sizwe James, Cabinet Member for Regeneration and Growth Is the Council concerned it will be joined in by either party in the legal action being taken by residents against Galliards? Reply – I thank Councillor Khan for his question. No. However, it is for either party to determine whether they wish to join the Council as a party and on what basis. Any such proceedings will be strongly contested by the Council. ITEM NO: 10 COUNCIL 26 JUNE 2019 MEMBERS QUESTIONS 13 Question from Councillor Mehboob Khan, to Councillor Danny Thorpe, Leader of the Council From as early as 1800’s gay, lesbian and transgender Muslims have shaped the history of Islam through literature, the arts, military campaigns, astronomy and other social disciplines, shows the bankruptcy of thinking that makes up the view that being gay and Muslim are two separate and incompatible things. The vast majority of British Muslims have socially liberal values and strongly support school projects which challenge bigotry. Please can the Leader of the Council comment upon the template letter being circulated and the importance of the benefits of schools encouraging students to tackle all forms of bigotry, racism and intolerance? Reply – I thank Councillor Khan for his question. The letter that Councillor Khan is referring to is a letter that some parents are being encouraged to use to withdraw their children from Sex and Relationships Education lessons in school.