South Kilburn Regeneration Programme – making of compulsory purchase order
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Cabinet to delegate authority to the Strategic
Director of Regeneration and Environment to proceed with the making
and implementation of a CPO for each phase of the Scheme as
necessary and agree details of shared equity/ownership
(1) To authorise the use of CPO powers for the Scheme and delegate authority to the Strategic Director of Regeneration and Environment, in consultation with the Lead Member for Regeneration, Property and Planning to proceed with the making and implementation of a CPO for each phase of the Scheme as necessary. The proposed order lands were indicatively shown in the plan attached as Appendix 1 to the report.
(2) To delegate authority to the Strategic Director of Regeneration & Environment, in consultation with the Lead Member for Regeneration, Property and Planning to agree the terms and enter into contract for the leasehold interest at Blue Box Storage, Exeter Court, Granville Road, London NW6 5AJ. The estimated compensation settlement had been detailed in Appendix 2 of the report (containing exempt information).
(3) To authorise the purchase of leasehold interests required for the Scheme by private treaty and delegate authority to the Strategic Director of Regeneration & Environment, in consultation with the Lead Member for Regeneration, Property and Planning to agree the terms and enter into contracts.
(4) To note that the Council would remain sensitive to the needs of leaseholders affected by the impact of the Coronavirus pandemic and would engage in early dialogue and provide support for relocation to mitigate the impact.
(5) To authorise officers to take all necessary steps to commence the process for the making, confirmation and implementation of a CPO for each phase, including securing the appointment of suitable external advisors and preparing all necessary CPO documentation under delegated authority as set out in (2) above. Cabinet noted the key steps to make a CPO had been set out in paragraph 3.13 of the report. Cabinet also noted that Appendix 3 of the report set out the policy in relation to displaced tenants and leaseholders in regeneration schemes, which aimed to maximise choice and secure a better match with individual circumstances, such as shared ownership and shared equity options and reversion to tenancy for vulnerable leaseholders.
(6) To agree the detail of the following two additional measures to aid leaseholder acquisitions. Both measures would allow officers to further assist resident leaseholders who met the criteria:
(a) Shared Equity/Ownership: The Council would seek to acquire a number of properties from the local market and offer these as shared equity or shared ownership homes to eligible resident leaseholders. The way the shared equity product would work would be as follows. The Council would purchase a property from the local market that met the needs of the resident leaseholder. At the same time, the Council would purchase the resident leaseholder’s property in a back-to-back transaction. The resident leaseholder would use funds made available from the buyback to purchase a percentage of the equity in the replacement property. Any value gap (typically 25% to 50%), would be met by the Council, and the Council’s stake in the property was entered as a charge against the property. The resident leaseholder would not pay a rent on the equity they did not own and would be able to purchase the share they did not own in accordance with the shared equity agreement (known as staircasing) as detailed in paragraph 3.18 of the report. Any shared ownership scheme, if available, would be a part buy part rent scheme.
Cabinet agreed to delegate approval for each shared equity/ownership contract on a case-by-case basis to the Strategic Director for Regeneration and Environment in consultation with the Director of Finance.
(b) Council tenancy: In exceptional circumstances, where assessment by a financial advisor indicates reduced financial security and supported by the criteria detailed in section 3.19 of the report, the Council could offer the leaseholder a council tenancy as part of the acquisition of their existing leasehold property at a reduced market value.
Cabinet agreed to delegate approval for each case to the Strategic Director for Regeneration and Environment in consultation with the Strategic Director of Community and Wellbeing.
Reason Key: Signficant expenditure/savings of £500k or more;
Wards Affected: (All Wards);
Contact: Denish Patel, Property and Projects Email: firstname.lastname@example.org Tel: 020 8937 2529.
Report author: Denish Patel
Publication date: 09/11/2020
Date of decision: 09/11/2020
Decided at meeting: 09/11/2020 - Cabinet
Effective from: 17/11/2020