Agenda item

To consider notices of motions submitted under Procedure Rule 16 in such order as the Mayor shall direct.  The motions received for this meeting are attached.

The following motion had been submitted by Councillor Thusu and was seconded by Councillor Cragg

"We call on the Council to acknowledge that the completion of a new Local Plan paves the way for numerous developments within the Borough. It is recognised that many of these new developments may incorporate a management company responsible for the maintenance of common areas. In some cases this could lead to potential financial burdens on residents through high or escalating fees where management companies have not been set up properly reflecting the interests of householders, a situation colloquially termed as 'fleecehold';

The growing concern over excessive and unfair leasehold charges has gained attention at both government and local levels, and it is understood that government are already addressing these concerns, underscoring the need for supportive measures to protect residents from unfair fees and charges. 

Some councils have initiated actions to utilise available powers to aid residents facing these issues, and so, demonstrating a positive stance in tackling this challenge;

This Council resolves to:

Commit to a comprehensive review of all potential avenues—within the planning system or through alternative measures where legally appropriate—to support and protect residents from the adverse impacts of excessive service charges.

Ensure that the primary focus of the review encompasses: The identification of mechanisms to mitigate service charge related issues in new developments, ensuring future residents are safeguarded where possible from excessive maintenance fees. 

The Investigation of what mechanisms could offer non-financial support to existing residents already affected by such agreements.  This approach aims to ensure that the Council’s efforts are well-informed and seeks to address the concerns of our community. 

This work will culminate in a detailed report with recommendations to CPPP within a six-month timeframe.”

The following amendment to the motion was submitted by Councillor Quinton and was seconded by Councillor Grewal.

“We call on the Council to acknowledge that the completion of a new Local Plan paves the way for much needed housing in new developments within the Borough. It is recognised that many of these new developments may incorporate a management company responsible for the maintenance of common areas. In some cases this could lead to potential financial burdens on residents through high or escalating fees where management companies have not been set up properly reflecting the interests of householders, a situation colloquially termed as 'fleecehold';

The growing concern over excessive and unfair charges made under long leaseholds has gained attention at both government and local levels, and the government have started to address some of these concerns, not least in the Leasehold and Freehold reform bill 2023-2024 which implements some measures to protect residents from unfair fees and charges.

This council acknowledges that it has very few powers to effect changes to these issues and that this must come from changes to national legislation or by new national legislation.

This Council therefore resolves to:

a)    Write to the RH Michael Gove as secretary of state for Levelling up, Housing and Communities to request that, to protect and empower homeowners, the process of replacing poorly performing management companies should be simplified.

b)    Secondly, to request that DLUHC review national building standards to understand why non-adoption of estate infrastructure and the consequent extra cost to householders has become so prevalent and plan for how these trends can be reversed.

c)     Review the council website to ensure that it signposts people correctly and informs them about their rights

d)    Write to the Executive Member for Highways at Hertfordshire County Council to request that the County Council facilitates and promotes the adoption of highways infrastructure wherever possible through the emerging Place and Movement Planning Guide.”

The procedure rules regarding amendments to motions were clarified by the Deputy Monitoring Officer.

Following the discussion the mover of the motion Councillors Thusu and Cragg agreed to withdraw the motion.  The withdrawal of the motion was unanimously agreed by Full Council.