Mr Michael Grade

Freedom of information request

Request No 209107

19^th September 2008

Dear Mr Grade,

Re: Freedom of information request - 209107

As per your Freedom of information request, please find Homes for Islington's full response.

1. Full details of the consultation with residents, including methods of consultation and communication plans (with dates/timelines or estimates if exact dates are not available). Please outline legal responsibilities for this and clarify whether legal advice about consultation with residents.

Homes for Islington are currently embarking on a four-year programme of works, which started in 2007, to replace existing analogue aerials with a combined digital aerial and satellite dish, known as an integrated reception system (IRS).

This is to ensure that all homes within the Borough are able to receive the Digital Signal once the analogue system is replaced in the South-East in 2012.

Consultation with residents is by ways of an information letter that is sent to Tenants and Leaseholders, along with a FAQ fact sheet. These letters are sent to both Tenants and Leaseholders approximately one month prior to works commencing on the block that they reside in. Copies of the Tenant letter, the Leaseholder letter and the FAQ fact sheet that is sent are attached.

Legally, consultation is only required with Leaseholders if the proposed works are anticipated to cost £250 or more per Leaseholder. This is in line with section 105 of the 1985 Housing Act. As the cost to each Leaseholder is £75, public consultation is not required. Consultation with Tenants is not a legal requirement of Homes for Islington.

2. If no consultation took place, please give details of how the needs were assessed and what criteria was applied in deciding what equipment/system would be purchased.

As no consultation was required with residents, the need of the equipment was assessed by cost and the current quality of the equipment already in place.

Current system

The wiring and accessories associated with the communal TV systems installed in Islington are generally original and were installed at the time the building was erected.

The expected life of wiring and accessories at the time they were installed was-

Externally- 12 years

Internally 25 years

As we are aware, many systems will be in excess of 25 years, with some at 40 years+ and the wiring and accessories would only deteriorate further with age. Had we not taken the decision to renew the wiring we could have been exposed to further works within a very short time span. Also, many systems in Islington are “loop” wired and will not carry the digital signal.

Costs.

As with all public funds, we have to ensure value for money. Therefore we advertised for tender invites in the EU press. The companies that expressed an interest in t obtaining the contract to carry out the work were; Bskyb, VNL/Homechoice and Telewest. We also ensured that we obtained costs from our own Mechanical & Electrical department that gave a cost per property for an aerial upgrade.

The results of the tenders received were as follows:

Therefore the combined assessment based on cost and necessity was explored when choosing the contractor.

3. A summary of the contents of the communications sent out to residents who currently have satellite dishes installed without planning permission.

During the course of the Digital Aerial upgrade, it was apparent to us that the vast majority of satellite dish owners have erected their dishes without either planning consent, or the consent of their local area housing offices which would ordinarily be required.

Therefore, we have updated our policy on satellite dishes, and this is attached below.

Also enclosed with this Freedom of Information request is the Householders Planning Guide as produced by The Office of the Deputy Prime Minister.

Martin Dennis

Special Projects Officer

HFI Procedure

Aerials and satellite dish procedure

Author:

Department: Service Development Team, Performance and Service Development

Approved by:

Date Approved:

Review date:

Contents

1 Introduction

2 Legislation: Planning Permission and Listed Building Consent

3 Permission to install a new dish

4 Retrospective Permission

5 Dishes installed without permission where the owner is not known and major work is planned

6 Dishes that pose a health and safety risk

7 Enforcement

Appendices

A Application to install (SAT1) with guidance

B Letter to a block regarding ownership (SAT2)

C Final letter to block regarding ownership (SAT3)

D Information leaflet for residents

Due to the vast and increasing choice of TV channels available through satellite TV, there has been a marked increase in the number of satellite dishes erected on Homes for Islington (HFI) managed properties. There are concerns that many dishes have been erected without permission from HFI or Islington Council. Increasingly this is causing problems, particularly when capital works are being carried out to exteriors of properties. Dishes are being fitted to unsuitable structures and residents may refuse to take dishes down to allow works to go ahead or re-erect dishes undermining the work that has been carried out.

Tenancy conditions state that tenants “…must not place or fix a satellite dish or aerial to the exterior of the property without the council's written permission. Tenants should apply in writing to the area housing office and such permission would not be unreasonably withheld. Tenants must obtain the necessary approvals such as planning permission or building regulation approval”.

The terms of the lease held by most leaseholders prohibits the erection of a satellite dish. However, following consultation with leaseholders in January 2007, HFI is pursuing a policy of non-enforcement of this condition. Leaseholders are no longer required to apply for a variation of their lease and permission to erect a satellite dish is granted by HFI under the same conditions for leaseholders as for tenants.

This procedure uses the term residents to refer to both HFI tenants and leaseholders (and freeholders) who occupy properties on HFI managed land.

This procedure deals with resident's requests to install either satellite dishes or aerials but uses the term satellite dish for both.

The procedure seeks to enable HFI to deal with:

1.2 Digital Television Upgrade Programme

HFI has now started its digital television upgrade programme. This is a programme for installing Sky communal digital aerials on blocks, in preparation for the switch-off of analogue signals by 2012.

Use the following link view the work programme for installation of the communal dishes. http://www.homesforislington.org.uk/Repairs%20And%20Improvements/Improvement%20works/Digital%20TV%20Aerial%20Upgrade%20Programme/Block%20by%20block%20information.pdf

1.3 Refusal of permission to install individual dishes where digital upgrade has taken place

From June 2008, residents who live in blocks where the new communal aerials have been installed will no longer be allowed to install their own dishes.

There will be one exception to this rule:

Residents who want to receive a foreign language channel that they cannot access through the new Sky communal aerial will be allowed to install their own individual dish, providing that:

If it is not possible to attach the dish to the railings or they do not have a balcony then the application will be refused. There is no discretion in this matter.

A full list of channels that will be available through the Sky communal aerials is held in the document FAQs digital TV and channel list.

As in point 1.3 (above), residents will be refused permission to install their own satellite dish, unless it can be affixed to balcony railings. This is to prevent damage being done to the cladding of buildings.

2.0 Legislation, Planning Permission and Listed Building Consent

The need to obtain planning permission for satellite dishes is considered in the Town and Country Planning (General Permitted Development) Order 1995.

2.1 The resident must apply for planning permission to install a dish in a large block of flats or buildings over 15m (roughly 5 storeys) if:

In smaller buildings such as houses, small blocks of flats or for flats in commercial premises, planning permission will be needed if:

2.2 Residents require listed building consent if they live in a listed building. Some buildings are listed because of their special historic or architectural interest. If residents are unsure if they live in a listed building, they can contact the LBI Planning Department who will advise them. If listed, residents will need to apply to the planning department for listed building consent. This is separate from regular planning permission.

3.0 Permission to install a new satellite dish

3.1 Permission will be granted to a resident for a new dish subject to the following conditions:

4.0 Retrospective permission

If a resident has put up a dish without first asking permission, they can apply for retrospective permission by completing the form in SAT 1 form (see appendix A).

In such cases, permission will be granted subject to all of the conditions applying to the installation of a new satellite dish except the need for installation by a member of an approved and accredited body.

If there are concerns about the location of the dish then the resident may be asked to re-site the dish at their own expense.

4.1 Process for applying for retrospective permission

• The TQM will consider the application and respond in 10 working days. The response will be a copy of the completed application form with any comments and permissions completed. A copy must be forwarded to the Tenancy Management Assistant (TMA) dealing with the case at the area housing office to be scanned on to the resident's file.

• Where the dish has already been installed it may be necessary for a Technical Quality Officer (TQO) to visit the property and make an assessment of the siting and any health and safety issues.

5.0 Dishes installed without permission where the owner is not known and major work is planned

5.1 In cases where a satellite dish has already been installed but where ownership is not known, the following steps need to be followed:

• The Tenancy Management Team will write to the residents of the block using the SAT2 letter (see appendix B). This letter asks residents to identify ownership of any satellite dish on their block. The letter will give the residents 28 days to identify ownership and will clearly state that if ownership is not confirmed, the dish may be removed for necessary building and maintenance works at any time. They will be advised that any cost for removing the satellite dish, storage and recovering the debts owed (such as court costs) will be recharged to the owner should they be subsequently identified.

• If ownership is confirmed, the resident will be asked to either apply for retrospective permission to install (see section 4) or take the dish down and remove any cabling. Where major works are involved they will be asked to remove the dish and cabling, if it is causing an obstruction. Failure to do so would result in the enforcement action detailed below. (see section 7)

• If ownership is not confirmed, HFI will serve final notice (SAT3) on the residents of a property following expiry of the 28-day notice period, giving them a further 7 days to identify ownership or have the dish removed. They will again be advised that any cost for removing this and recovering the debts owed (such as court costs) will be recharged to anyone subsequently found to be responsible.

• The Major Works Project Team may be involved in serving the SAT2 and SAT3 but responsibility for enforcing this procedure will be with the Tenancy Management Team Leader.

• If ownership is not confirmed, the dish will be removed and kept in storage for a maximum of one month. (What happens after one month - is the dish destroyed?) The residents will be written to again stating that the dish has been stored and advised that any storage or other charges incurred will be rechargeable to them if they wish to reclaim the dish.

• If a resident requests the return of a dish after removal by HFI, they will be advised to follow the retrospective application process outlined above. Once consent is approved, the dish will be returned, following payment for any charges due.

• The Tenancy Management Team Leader, for each area housing office will keep a log of all applications for permission to keep a satellite dish

6.0 Dishes that pose a health and safety risk

If a dish has been installed and there is a concern about the safety of it then the following process should be followed.

• If urgent action is required then officers will notify the owner of the satellite dish of the work that is required and the time scale in which they will be expected to complete the works. This will be done in writing using the form in SAT 3 letter (see appendix C). This also advises that if the work is not completed within the time scale then HFI will remove the dish and recharge any costs incurred in doing so.

• If the owner of the dish is unknown, all of the residents in the block (unless some can be eliminated) will be advised that the dish is unsafe and that if the dish is not removed as a matter or urgency then the dish will be removed by HFI.

7.0 Enforcement

HFI will strive to enforce tenancy conditions in the following ways.

1. Injunctions/ Removal of Dishes - HFI will normally apply for an injunction against residents to enforce the relevant condition to remove unauthorised satellite dishes or where residents refuse to remove them to allow necessary building and maintenance works. The costs of any action will also be recovered. The injunction will be the responsibility of tenancy management teams.

2. Possession Proceedings - A Notice of Seeking Possession may be served on any tenant in breach of their tenancy conditions. This may be an effective enforcement tool where there are other breaches of tenancy such as rent arrears but this action must not be taken if the unauthorised satellite dish would be the only reason for the proceedings.

Appendix A (SAT1)

Application to install a satellite dish or aerial (SAT1)

I ……………………………………… wish to apply to install a satellite dish or aerial outside my home at ………………………………………………………………………………………..

It has/has not (delete the one that does not apply) been installed.

I agree by signing this that I have read and been given a copy of the guidelines for installing a satellite dish (or aerial) and I understand that this will be conditional on any necessary planning and listed building permissions. I also agree that I will remove the dish and any cabling (within 28 days of receiving a written request) at my own expense to allow for any necessary building works to take place.

Who will install the dish? ………………………………………………………………..

Rough sketch (where you want to install it and where the cables will run.)

a) where in relation to your front door b) where if you were to look at it from the

outside (show position relative to windows)

Signed …………………………………….. Date ……………………………………..

For office use only

Date received …………………………….. Retrospective permission Yes/No

I hereby give/do not give permission for the installation of a satellite dish at this property

If refused why ………………………………………………………………………………………. ………………………………………………………………………………………………………..

Are there any comments/special instructions about where this should be sited/major works………………………………………………………………………………………………………………………………………………………………………………………………………….

Name …………………………….. Position ……………………………

Signed ……………………………… Date ……………………………

Appendix C (Sat 3)

The resident

Xxx Block/Area xxx

Dear resident,

Re : Satellite Dish(es)

We are trying to establish who owns the satellite dish(es) at ………………………………………………………………………………………………..

Our procedures require residents to ask for our permission before installing a satellite dish and to ensure they have any necessary planning permission and listed building consent.

If you do not advise us that you have a satellite dish and request backdated permission we may remove and destroy it. If you do not declare it and you are subsequently found to be the owner of an unauthorised satellite dish any costs incurred by us will be recharged to you. You have 28 days to respond to this letter.

If you are the owner of a satellite dish please advise us below.

I ……………………………………… of ………………………………………………

……………………………………………………………………………………………

have installed a satellite dish at my property.

Signed:………………………………. Date: …………………………………….

Rough sketch (where it is installed and the cables will run.)

a) where in relation to your front door b) where if you were to look at it from the

outside (show position relative to windows)

We will send you details of how to apply for backdated permission.

Yours sincerely

Appendix C (SAT 3)

The resident

Xxx Block/Area xxx

Dear resident,

Re : Satellite Dish(es)

We are trying to establish who owns the satellite dish(es) at ………………………………………………………………………………………………..

Our procedures require owners to ask for our permission before installing a satellite dish and to ensure they have any necessary planning permission and listed building consent.

If you do not advise us that you have a satellite dish and request backdated permission we may remove and destroy it. . If you do not declare it and you are subsequently found to be the owner of an unauthorised satellite dish any costs incurred by us will be recharged to you.

You have SEVEN days to make contact with us and advise us of the dish that you own. If this action has been taken to allow building works to take place you will be required to remove the dish and cabling within this period.

We will send you details of how to apply for backdated permission.

Yours sincerely

Appendix D

Requesting permission for a satellite dish

If you want to install a satellite dish or aerial then you will need to get permission from HFI. If this is provided you may also need planning permission and/or listed building consent. You will be responsible for ensuring that it is secure and not likely to be a danger to others.

The first thing you should do is read this guidance as it gives details about when you would need planning permission and listed building consent and advises you on the conditions that you agree to when you apply for permission using form SAT1. The SAT1 form should be returned to your local Area Housing Office.

Legislation, Planning permission and listed building consent

The need to obtain planning permission for satellite dishes is considered in the Town and Country Planning (General Permitted Development) Order 1995.

You must apply for planning permission to install a dish in a large block of flats or buildings over 15m (roughly 5 storeys) if:

1. The total number of dishes is more than two.

2. The dish exceeds 130cm diameter.

3. You live in a conservation area or area of outstanding natural beauty.

In smaller buildings such as houses, or small blocks of flats planning permission will be needed if:

4.There is more than one dish on the building or in the garden.

5. The dish is greater than 90cm diameter.

6. The dish is to be sited on a chimney stack, and it is more than 45cm in diameter and protrudes above the highest point of the stack

7. The dish is to be sited on the roof, and it protrudes above the highest point of the roof.

You require listed building consent if they live in a listed building. Some buildings are listed because of their special historic or architectural interest. If you are unsure if you live in a listed building, they can contact the local planning department who will advise if the building is listed. If listed, you will need to apply to the planning department for listed building consent. This is separate from planning permission.

When applying to install a new satellite dish

This policy gives you guidance on the installation of satellite dishes on Homes for Islington properties. Permission will be granted for a new dish subject to the following conditions:

Retrospective permission

Residents can apply for retrospective permission by ensuring they have any necessary planning and listed building consents and completing the form SAT1.

In such cases permission will be granted subject to all of the conditions applying to the installation of a new satellite dish except the need for installation by a member of an approved accredited body.

If there are concerns about where you have put the dish you will be asked to arrange for it being moved using an installer from an approved accredited body. You will have to pay the cost of this.

Planning Department General enquiries telephone number is 020 7527 1959. They are based at 222 Upper Street London N1 1YA. Letters should be sent to PO Box 3333 at this address

4. A Project plan/capital investment proposal or similar document that gives full details of the Digital TV switchover project - my expectation is that a comprehensive paper must have been written to receive funding signoff and details the upgrade work, this may be in the form of several documents. Included I expect to see details of why the work is required, recommendations, objectives, benefits to residents, legal obligations etc. I would like to see what options were considered and a rationale for why each was rejected.

The enclosed documents (Digital TV IDC Mar07Ver4 and Report Digital TV LBI Feb 2007 ) fully describe the financial implications of the Digital Aerial upgrade. The rationale behind each company's rejection in carrying out the works is the increased costs to the contract and in turn to our residents.

5. Please clarify what contact you have had with the Digital Switchover Help scheme and how the help scheme is being incorporated into the switchover project.

Homes for Islington have not sought the assistance of the Digital TV help scheme in implementing the Digital Aerial Upgrade to the Borough.

Residents who feel may need assistance with obtaining the necessary equipment are free to contact the help scheme. Homes for Islington include the Help scheme contact details in the FAQ fact sheet that is sent to all households.

6. Full technical spec for the chosen digial TV system including why this was chosen over the other options.

Attached is the full Specification for the Sky Digital IRS (Integrate Reception System).

As stipulated previously, the main reason for choosing this system over those that were also tendered was cost. This, coupled with the fact the BskyB could offer us the option of having a communal Sky satellite dish, was the deciding factor in choosing BskyB to carry out this work

The preceding information along with the supporting documentation answers fully this freedom of information request.

Yours sincerely,

Martin Dennis

Special Projects Officer

Enc: Tenant Letter

Leaseholders Letter

FAQ Fact Sheet

Householders Planning Guide

Digital TV IDC Mar07Ver4

Report Digital TV LBI Feb 2007

Sky IRS spec

Martin Dennis

Special Projects Officer.

Capital Programme Project Team

2^nd Floor Highbury House

4/5 Highbury Crescent

London

N5 1RN

Direct Line: 020 7527 7834

[email address]