The Corporate Head of Law & Governance reported that following the Grenfell disaster various landlords were required to review the cladding on their buildings.  Subsequently, the Council had undertaken a review of the Addlestone One development.  This Committee received a report in July 2021 advising the outcome of that review and as a result of the decisions made at that meeting  three different workstreams have been undertaken.

The first was a procurement exercise to engage a contractor to carry out remedial works.  Members were informed that this exercise had recently concluded and the Committee were invited to recommend the appointment of that contractor to Full Council.

The second strand was in relation to the cladding crisis and the prospect of tenants of high-rise buildings contributing to the cost of remedial works.  A government scheme had stressed that developers and manufacturers should take responsibility for the safe removal of cladding materials, and around forty had so far signed up to a government levy scheme. 

Furthermore, the Building Safety Act 2022, enacted this year, would also require future developers paying into the levy, and brought about the introduction of a legal prohibition on landlords charging tenants for remedial works if an individual lives in a block over 11 metres in height.  The Committee noted that this would ensure residents of Addlestone One would not be required to pay for remedial works.

The final workstream involved the Council exploring its legal options for the construction of the cladding.  The Head of Law & Governance confirmed to a Member that the Council had been advised by an independent expert that undertaking the remedial works would not have a detrimental impact on litigation proceedings.

The Leader added that progressing and resolving the issue remained his highest priority.

A Member asked about the prospect of utilising a government scheme that paid for the cost of remedial works, however the Corporate Head of Law & Governance explained that the purpose of this scheme was a last resort and intended for where a developer could not be traced.  However, the option would be kept under review.

The Corporate Head of Law & Governance confirmed that sign off of actions would be through Corporate Management Committee.

Resolved that –

1. The Committee recommended to Full Council that a contract to undertake cladding remediation works to the residential blocks which form part ofthe Addlestone One development be awarded to the recommended contractor

2. The Committee recommended to Full Council that the cladding remediationworks be delivered under a JCT Intermediate form of contract withcontractor’s design which will be executed on the Council’s behalf byCorporate Head Law and Governance in consultation with the ChiefExecutive, Assistant Chief Executive and the Corporate Head of Assetsand Regeneration.

3. Full Council be asked to note the proposed programme of works butbe aware that this may be subject to change following clarifications andfinal interview with the intended contractor.

4. The Committee recommended to Full Council that the leaseholders whomeet the qualifying criteria set out in the body of the report will not berequired to contribute to the costs of these works which will be met by theCouncil.

5. The Committee recommend to Full Council that officers be authorised tocontinue to explore the Council’s options in respect of possible legalaction in relation to the cladding installed in the Addlestone Onedevelopment.