Agenda item

South Kilburn Regeneration Programme - Gloucester House and Durham Court, Chippenham Gardens secure tenancies for Phase 4

This report sets out the approvals required by the Cabinet to: i) further progress the Gloucester House and Durham Court redevelopment site (being part of ‘Phase 2b’ of the South Kilburn regeneration programme and as shown edged red on Plan A at Appendix 1); ii) further progress 4 to 26 Stuart Road and 5 to 9 Chippenham Gardens which includes the Kilburn Park Post Office (together defined as the 'Post Office Plus Site' and as shown edged red on Plan B at Appendix 1); and iii) serve demolition notices on Phase 4A of the South Kilburn regeneration programme (being Craik Court, Austen House, Neville House, Winterleys and 113 to 128 Carlton House (all numbers inclusive).

 

Decision:

Gloucester House and Durham Court

 

(i)         that the Strategic Director of Regeneration and Growth be authorised to undertake a mini competition under the Greater London Authority (GLA) London Development Panel subject to confirmation by the Director of Legal & Procurement that participation in the GLA London Development Panel is legally permissible, to procure a developer partner for the redevelopment of Gloucester House and Durham Court and report back to the Cabinet to secure approval for award of the contract;

(ii)        that approval be given to set rent levels for the affordable homes at Gloucester House and Durham Court once complete, at a rent equivalent to the Homes and Communities Agency Target Rent levels;

 

Post Office Plus Site

 

(iii)       that it be noted that within the main body of this report that, on 19 December 2014, the Council entered into a collaboration agreement with Woodville Properties Limited, the landowner of 5 to 9 Chippenham Gardens which includes the Kilburn Park Post Office, to bring forward the comprehensive redevelopment of 5 to 9 Chippenham Gardens which includes the Kilburn Park Post Office with the Council's adjoining land at 4 to 26 Stuart Road (together defined as the Post Office Plus Site') as shown edged red on Plan B at Appendix 1.

(iv)       that approval be given to the acquisition by agreement pursuant to section 227 of the Town and Country Planning Act 1990 and the making of a compulsory purchase order (CPO) pursuant to section 226 of the Town and Country Planning Act 1990 to acquire all non-Council interests in the area shown edged red on Plan B attached at Appendix 1 ('the Post Office Plus Site CPO Land') being the Post Office Plus Site together with any new rights which may be required under section 13 of the Local Government (Miscellaneous) Provisions Act 1976 to facilitate the development of the Post Office Plus Site CPO Land in furtherance of the regeneration of the Post Office Plus Site (and such CPO being referred to in this report as ‘the Post Office Plus Site CPO’)

(v)        that the following be authorised, the:

 

(a)        Submission of the Post Office Plus Site CPO, once made in respect of the Post Office Plus Site CPO Land, to the Secretary of State for confirmation whilst at the same time seeking to acquire the Post Office Plus Site CPO Land by private negotiated treaty on such  terms as may be agreed by the Operational Director Property & Projects;

(b)        Operational Director Property & Projects, on behalf of the Council, to enter into agreements with and give undertakings to the holders of all interests in the Post Office Plus Site CPO Land or parties otherwise affected where such agreements or undertakings are appropriate. These agreements or undertakings will set out the terms for the withdrawal of the objections to the confirmation of the Post Office Plus Site CPO and may include granting rights over or offering back any part of the Post Office Plus Site CPO Land which is not required by the Council following completion of the development. 

(c)        Making of one or more general vesting declarations or the service of Notices to Treat and Notices of Entry (as appropriate) pursuant to the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965 respectively should the Post Office Plus Site CPO be confirmed by the Secretary of State or otherwise in order to gain possession of the Post Office Plus Site;

(d) Serving of all requisite notices on the holders of the Post Office Plus Site CPO Land relating to the making, confirmation and implementation of the Post Office Plus Site CPO;

(e)        Operational Director Property & Projects to remove from the Post Office Plus Site CPO any plot (or any interest therein) no longer required to be acquired compulsorily for the Post Office Plus Site redevelopment to proceed and to amend the interest scheduled in the Post Office Plus Site CPO (if so advised) and to alter the nature of the proposed acquisition from an acquisition of existing property interests to an acquisition of new rights (if so advised);

(f)        Operational Director Property & Projects within the defined boundary of the Post Office Plus Site CPO Land, to acquire land and/or new rights by agreement either in advance of the confirmation of compulsory purchase powers, if so advised, or following the confirmation of compulsory powers by the Secretary of State;

(g)        Operational Director Property & Projects, if so advised, to seek to acquire for the Council by agreement any interest in land wholly or partly within the boundary of the Post Office Plus Site CPO Land for which a valid blight notice has been served.

 

(vi)       that agreement be given to set rent levels for the affordable units at the Post Office Plus Site once complete, at a rent equivalent to Homes and Communities Agency (HCA) Target Rent levels;

(vii)      that agreement be given to proceed with securing vacant possession of the residential and non-residential properties within the Post Office Plus Site through negotiation and private treaty and then, if necessary, via possession proceedings based on Ground 10A of Schedule 2 to the Housing Act 1985 (‘Ground 10A’) in relation to the secure tenants and then CPO of all interests remaining following the confirmation of the CPO;

(viii)     that the Operational Director of Property and Projects (where the Operational Director of Property and Projects in conjunction with the Chief Finance Officer considers applicable) be authorised to acquire third party interests and rights within the Post Office Plus Site as necessary to progress the project by way of negotiation;

(ix)       that the Cabinet authorise the Strategic Director of Regeneration and Growth to seek Secretary of State’s consent to appropriate for planning purposes all interests in the Post Office Plus Site

(x)        that approval be given to the serving of demolition notices and the suspension of secure tenants’ Rights to Buy in relation to secure tenancies in 4 to 26 Stuart Road and authorise the Strategic Director of Regeneration and Growth to issue all and any notices required to be issued in connection with such demolition;

 

Phase 4A Demolition Notices

 

(xi)       that approval be given to the serving of demolition notices and the suspension of secure tenants’ Rights to Buy in relation to secure tenancies in blocks Craik Court, Austen House, Neville House, Winterleys and 113 to 128 Carlton House (all numbers inclusive) (together defined as ‘Phase 4A’ of the South Kilburn regeneration programme) and authorise the Strategic Director of Regeneration and Growth to issue all and any notices required to be issued in connection with such demolition.

Minutes:

The report before the Cabinet from the Strategic Director, Regeneration and Growth set out the approvals required by the Cabinet to firstly further progress the Gloucester House and Durham Court redevelopment site (being part of ‘Phase 2b’ of the South Kilburn regeneration programme and as shown edged red on Plan A at Appendix 1 to the report); secondly further progress 4 to 26 Stuart Road and 5 to 9 Chippenham Gardens which included the Kilburn Park Post Office (together defined as the 'Post Office Plus Site' and as shown edged red on Plan B at Appendix 1); and finally  serve demolition notices on Phase 4A of the South Kilburn regeneration programme (being Craik Court, Austen House, Neville House, Winterleys and 113 to 128 Carlton House.

 

Members welcomed the progress towards the next phases of the South Kilburn regeneration programme and Councillor Mashari particularly welcomed requirement for the developer, once appointed, to submit and gain approval for an employment and training action plan to deliver education links, apprenticeships and local labour outcomes in accordance with a Section 106 agreement for Gloucester House and Durham Court.

 

RESOLVED:

 

Gloucester House and Durham Court

 

(i)         that the Strategic Director of Regeneration and Growth be authorised to undertake a mini competition under the Greater London Authority (GLA) London Development Panel subject to confirmation by the Director of Legal and Procurement that participation in the GLA London Development Panel is legally permissible, to procure a developer partner for the redevelopment of Gloucester House and Durham Court and report back to the Cabinet to secure approval for award of the contract;

 

(ii)        that approval be given to set rent levels for the affordable homes at Gloucester House and Durham Court once complete, at a rent equivalent to the Homes and Communities Agency Target Rent levels;

 

Post Office Plus Site

 

(iii)       that it be noted that within the main body of this report that, on 19 December 2014, the Council entered into a collaboration agreement with Woodville Properties Limited, the landowner of 5 to 9 Chippenham Gardens which includes the Kilburn Park Post Office, to bring forward the comprehensive redevelopment of 5 to 9 Chippenham Gardens which includes the Kilburn Park Post Office with the Council's adjoining land at 4 to 26 Stuart Road (together defined as the Post Office Plus Site') as shown edged red on Plan B at Appendix 1;

 

(iv)       that approval be given to the acquisition by agreement pursuant to section 227 of the Town and Country Planning Act 1990 and the making of a compulsory purchase order (CPO) pursuant to section 226 of the Town and Country Planning Act 1990 to acquire all non-Council interests in the area shown edged red on Plan B attached at Appendix 1 ('the Post Office Plus Site CPO Land') being the Post Office Plus Site together with any new rights which may be required under section 13 of the Local Government (Miscellaneous) Provisions Act 1976 to facilitate the development of the Post Office Plus Site CPO Land in furtherance of the regeneration of the Post Office Plus Site (and such CPO being referred to in this report as ‘the Post Office Plus Site CPO’)

 

(v)        that the following be authorised, the:

 

(a)       Submission of the Post Office Plus Site CPO, once made in respect of the Post Office Plus Site CPO Land, to the Secretary of State for confirmation whilst at the same time seeking to acquire the Post Office Plus Site CPO Land by private negotiated treaty on such  terms as may be agreed by the Operational Director Property and Projects;

(b)       Operational Director Property and Projects, on behalf of the Council, to enter into agreements with and give undertakings to the holders of all interests in the Post Office Plus Site CPO Land or parties otherwise affected where such agreements or undertakings are appropriate. These agreements or undertakings will set out the terms for the withdrawal of the objections to the confirmation of the Post Office Plus Site CPO and may include granting rights over or offering back any part of the Post Office Plus Site CPO Land which is not required by the Council following completion of the development. 

(c)        Making of one or more general vesting declarations or the service of Notices to Treat and Notices of Entry (as appropriate) pursuant to the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965 respectively should the Post Office Plus Site CPO be confirmed by the Secretary of State or otherwise in order to gain possession of the Post Office Plus Site;

(d) Serving of all requisite notices on the holders of the Post Office Plus Site CPO Land relating to the making, confirmation and implementation of the Post Office Plus Site CPO;

(e)       Operational Director Property and Projects to remove from the Post Office Plus Site CPO any plot (or any interest therein) no longer required to be acquired compulsorily for the Post Office Plus Site redevelopment to proceed and to amend the interest scheduled in the Post Office Plus Site CPO (if so advised) and to alter the nature of the proposed acquisition from an acquisition of existing property interests to an acquisition of new rights (if so advised);

(f)        Operational Director Property and Projects within the defined boundary of the Post Office Plus Site CPO Land, to acquire land and/or new rights by agreement either in advance of the confirmation of compulsory purchase powers, if so advised, or following the confirmation of compulsory powers by the Secretary of State;

(g)       Operational Director Property and Projects, if so advised, to seek to acquire for the Council by agreement any interest in land wholly or partly within the boundary of the Post Office Plus Site CPO Land for which a valid blight notice has been served.

 

(vi)       that agreement be given to set rent levels for the affordable units at the Post Office Plus Site once complete, at a rent equivalent to Homes and Communities Agency (HCA) Target Rent levels;

 

(vii)      that agreement be given to proceed with securing vacant possession of the residential and non-residential properties within the Post Office Plus Site through negotiation and private treaty and then, if necessary, via possession proceedings based on Ground 10A of Schedule 2 to the Housing Act 1985 (‘Ground 10A’) in relation to the secure tenants and then CPO of all interests remaining following the confirmation of the CPO;

 

(viii)     that the Operational Director of Property and Projects (where the Operational Director of Property and Projects in conjunction with the Chief Finance Officer considers applicable) be authorised to acquire third party interests and rights within the Post Office Plus Site as necessary to progress the project by way of negotiation;

 

(ix)       that the Cabinet authorise the Strategic Director, Regeneration and Growth to seek Secretary of State’s consent to appropriate for planning purposes all interests in the Post Office Plus Site;

 

(x)        that approval be given to the serving of demolition notices and the suspension of secure tenants’ Rights to Buy in relation to secure tenancies in 4 to 26 Stuart Road and authorise the Strategic Director, Regeneration and Growth to issue all and any notices required to be issued in connection with such demolition;

 

Phase 4A Demolition Notices

 

(xi)       that approval be given to the serving of demolition notices and the suspension of secure tenants’ Rights to Buy in relation to secure tenancies in blocks Craik Court, Austen House, Neville House, Winterleys and 113 to 128 Carlton House (all numbers inclusive) (together defined as ‘Phase 4A’ of the South Kilburn regeneration programme) and authorise the Strategic Director of Regeneration and Growth to issue all and any notices required to be issued in connection with such demolition.

Supporting documents: