MD2168 London Housing Strategy 2017 – Public consultation version
Under the GLA Act 1999 (GLA Act) the Mayor is required to prepare, publish and keep under review a statutory London Housing Strategy (LHS). The LHS must contain the Mayor’s proposals and policies for promoting the improvement of housing conditions in, and meeting the housing needs of, Greater London. It must also set out the Mayor’s spending plans to support these proposals and policies.
A new version of the LHS is currently being produced and it is proposed a version is published for public consultation in September 2017 and then the final statutory strategy is adopted by March 2018.
To support the development of the LHS, the Mayor has a legal duty to carry out impact assessments, which should include an Equalities Impact Assessment, a Health Impact Assessment, and a Community Safety Impact Assessment. A draft impact assessment has been produced for public consultation alongside the draft LHS.
The Mayor is being asked to agree the contents of the draft LHS and that this be published, alongside a draft impact assessment report, for public consultation
That the Mayor approves:
1. The content of the draft LHS attached at Appendix 1.
2. That the draft LHS and the draft impact assessment are published on the GLA’s website for consultation with the public and other stakeholders.
Part 1: Non-confidential facts and advice
1.1 The Mayor’s existing statutory powers and responsibilities with regard to the LHS are set out in the GLA Act. The key provisions are as follows:
• That the Mayor must prepare, publish and keep under review, a statutory London Housing Strategy.
• That this strategy should set out his assessment of housing conditions in London and the need for further housing provision, his policies and proposals to meet needs and improve housing conditions and measures that other bodies are to be encouraged to take to achieve the aims of the strategy.
• That he must set out a statement of his spending proposals for the spending round.
• That these proposals should include his proposals as to how the GLA will provide financial assistance for housing, the amount of housing financial assistance to be given for different activities or purposes and the number, type and location of houses to be provided by means of this housing financial assistance.
• That these proposals should also include a statement of how much should be allocated to boroughs and his expectations as to how the boroughs will use the money granted to them.
1.2 The previous Mayor produced London’s first statutory LHS in February 2010 and the second in June 2014.
1.3 A new version of the LHS is currently being produced and it is envisaged that this and the related impact assessment report will be published for public consultation in September 2017 and adopted as a final statutory strategy by March 2018.
1.4 This decision is for the Mayor to approve the content of the draft LHS prior to its publication for public consultation. After this approval, there may be minor proofing and formatting changes. However, any material changes will be re submitted for approval prior to the draft being published.
2.1 A draft LHS, with contents approved by the Mayor, to be published for public consultation for a three-month period.
2.2 A draft impact assessment to accompany the draft LHS during public consultation.
3.1 The draft LHS is subject to an impact assessment, which includes an Equalities Impact Assessment. This will evaluate the likely potential impacts, both positive and negative, of the LHS on those with protected characteristics (age, disability, gender, gender reassignment, pregnancy and maternity, race, religion or belief, sexual orientation).
3.2 This impact assessment has been carried out by GLA officers with support from suitably qualified consultants and a draft version is attached to this decision. After this approval, there may be minor proofing and formatting changes approved by the Deputy Mayor for Housing and Residential Development.
a) Key risks and issues
There are no direct risks as a result of the Mayor approving the content of the draft LHS.
b) Links to Mayoral strategies and priorities
The production of the draft LHS is part of the statutory process for producing the final LHS, a statutory requirement under the GLA Act.
c) Impact assessments and consultations.
As discussed above, to support the development of the LHS, the Mayor has a legal duty to carry out impact assessments, which should include an Equalities Impact Assessment, a Health Impact Assessment, and a Community Safety Impact Assessment. These impact assessments have been carried out by GLA officers with support from suitably qualified consultants.
As part of the process of producing the draft LHS a series of consultations have taken place, including:
• thematic and/or stakeholder workshops held to provide technical assistance to officers tasked with drafting the LHS
• two substantial discussions at the Homes for Londoners Board, as well as a steering group, chaired by the Deputy Mayor for Housing, consisting of representatives from local government, housing associations and the development industry
• internal consultation with GLA teams and the GLA’s functional bodies.
Consultation has also taken place within the GLA with officers who are in the process of producing other Mayoral strategies, members of the Corporate Investment Board and Deputy Mayors.
A full consultation and stakeholder engagement plan is being developed to support the statutory public consultation process. This will include large events planned to take place at City Hall during the public consultation period, with a wide range of stakeholders being invited.
There are no financial implications as a result of this MD.
The expenditure for producing the impact assessment was approved by ADD2114.
An Easy Read version of the executive summary will be produced, but this is being funded for all strategies through a central budget.
Contents of the London Housing Strategy
6.1 The Mayor is required to prepare and publish a LHS under section 333A of the GLA Act.
6.2 By virtue of section 333A(2) of the GLA Act, the LHS must contain:
(a) the Mayor’s assessment of housing conditions in Greater London and of the needs of Greater London with respect to the provision of further housing accommodation;
(b) any proposals or policies of the Mayor to promote the improvement of those conditions and the meeting of those needs;
(c) a statement of the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of improving those conditions and meeting those needs;
(d) a statement of the Mayor’s spending proposals for the relevant period.
6.3 Section 333A(3) of the Act provides that the Mayor’s spending proposals for any period are:-
(a) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be made available to the GLA;
(b) proposals as to the exercise by the GLA of its functions of giving financial assistance;
(c) a recommendation to the Secretary of State as to how much of the money allocated by him during the relevant period for housing in Greater London should be granted to each local housing authority in Greater London.
6.4 By virtue of section 333A(4) of the GLA Act, the Mayor’s spending proposals under section 333A(3)(b) may include:
(a) proposals as to the amount of housing financial assistance to be given for different activities or purposes; and
(b) proposals as to the number, type and location of houses to be provided by means of housing financial assistance.
What the Mayor is required to have regard to in preparing or revising the LHS
6.5 Section 41 of the GLA Act sets out the general duties of the Mayor in relation to his strategies – which applies to the LHS. By virtue of section 41, the Mayor is required in preparing or revising the LHS to have regard to the following:
- the principal purposes of the GLA (contained in s 30 of the GLA Act) which are: (a) promoting economic development and wealth creation in Greater London; (b) promoting social development in Greater London; and (c) promoting the improvement of the environment in Greater London;
- the effect which the proposed LHS or revision of the LHS would have on each of the following (i) the health of persons in Greater London; (ii) health inequalities between persons living in Greater London; (iii) the achievement of sustainable development in the United Kingdom; (iv) climate change, and the consequences of climate change.
- the need to ensure that the LHS is consistent with national policies and with such international obligations as the Secretary of State may notify to the Mayor;
- the resources available for the implementation of the LHS;
- the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight.
6.6 Under section 41 of the GLA Act the Mayor is also required, where he prepares or revises the LHS, to include such of the available policies and proposals relating to the subject matter of the LHS as he considers best calculated (a) to promote improvements in the health of persons in Greater London; (b) to promote the reduction of health inequalities between persons living in Greater London; (c) to contribute towards the achievement of sustainable development in the United Kingdom; and to contribute towards the mitigation of, or adaption to, climate change in the United Kingdom – although he is not required to do this to the extent that he considers that it is not reasonably practicable in all the circumstances of the case.
6.7 In the course of developing the LHS prior to submitting it to the London Assembly, the Mayor is required to have regard to the public sector equality, in section 149 of the Equality Act 2010. Under section 17 of the Crime and Disorder Act 1998, the Mayor must also have due regard to the strategy’s effect on crime and disorder (including anti-social behaviour and behaviour adversely affecting the local environment) in areas within Greater London and the misuse of drugs, alcohol and other substances in Greater London and the need to do all that he reasonably can to prevent them.
6.8 The matters set out at paragraphs 5.5 – 5.7 should be addressed by the impact assessment referred to above, which, as required, should also address any environmental matters.
6.9 Under section 333A (7) of the GLA Act the Mayor is also required to have regard to the effect of his proposals and policies on any region which adjoins Greater London.
Consultation and submission to the London Assembly and the Secretary of State
6.10 Under section 42 of the GLA Act, in preparing or revising the LHS, the Mayor must consult the London Assembly, the GLA’s Functional Bodies, each London borough council, the Common Council and any other body or person whom he considers it appropriate to consult. Section 333A(8) of the GLA Act requires the Mayor to consult the following when preparing or revising the LHS:
a) the Homes and Communities Agency;
b) the Regulator of Social Housing;
c) such bodies as appear to him to be representative of private registered providers of social housing.
The Mayor must take into account consultation responses received, when preparing a proposed final version of the LHS.
6.11 Before submitting the proposed final draft of the LHS to the Secretary of State, the Mayor must lay a copy of the draft before the London Assembly in accordance with the GLA’s standing orders (Section 42B(3) of the GLA Act). Under section 42B(4) of the GLA Act, the Mayor must not submit the LHS to the Secretary of State if within a period of 21 days beginning with the day of which the copy is laid before the Assembly, the Assembly resolves to reject the draft.
6.12 TfL Legal will continue to advise the GLA on the contents of, and processes relating to, the strategy throughout the consultation period and up until its proposed submission to the London Assembly, which will require a separate Mayoral Decision.
Publication of draft LHS and draft impact assessment
Sept - Nov 2017
Publication of statutory LHS