Agenda item
South Kilburn regeneration acquisition of additional land
This report provides an update of progress of the regeneration of South Kilburn since the Report to the Executive meeting on 23rd June 2010. It also seeks member’s decisions for a range of items in order to progress the regeneration objectives for the South Kilburn estate.
Appendices also below
Decision:
(i) that progress of regeneration and the clarifications to the phasing plan for the regeneration of the South Kilburn estate, and that work is proceeding to update this phasing plan be noted;
(ii) that the immediate cessation of permanent lettings on the properties at Bond House, Cambridge Court, Ely Court, Bronte House, Fielding House, Hicks Bolton House, Wells Court and Wood House be authorised;
(iii) that agreement be given to the service of demolition notices in relation to secure tenancies at Bond House, Bronte House, Cambridge Court, Ely Court, Fielding House, Hicks Bolton House, Wells Court and Wood House, which are all on the South Kilburn estate, and the Director of Housing and Community Care be authorised to issue all and any notices required to be issued in connection with such demolition;
(iv) that the Director of Housing and Community Care be authorised to carry out the prescribed statutory consultation procedure and seek the Secretary of State’s consent to the phased disposal and redevelopment of Bronte House, Fielding House, Wells Court and Wood House in addition to the Phase 1 sites on the South Kilburn estate referred to in paragraph 3.26 of the report from the Director of Regeneration and Major Projects for the purposes of Ground 10A of Schedule 2 to the Housing Act 1985 to enable the Council to apply for a court order to obtain vacant possession of those residential dwellings let under secure tenancies.
(v) that the following be authorised:
(a) the making of compulsory purchase orders (the CPO’s) to acquire all interests and rights in the properties listed in appendix 1 [and otherwise comprised in the land edged in bold black and hatched on the draft Plan headed [the map referred to in the London Borough of Brent South Kilburn Regeneration Compulsory Purchase Order 2010-11] inclusive of the leasehold interests set out on Appendix 2 to the Report to the Executive meeting on 23 June 2010 being interests in the South Kilburn estate which properties are referred to hereafter as “the CPO Land” under section 226 (1)(a) of the Town and Country Planning Act 1990 and any new rights in the CPO Land which may be required under section 13 of the Local Government (Miscellaneous Provisions) Act 1976;
(b) the Director of Housing and Community Care in consultation with the Director of Legal and Procurement to include in the Compulsory Purchase Orders authorised by the Executive on 23 June 2010 and at this Executive meeting such other additional interests and rights as are disclosed during the land referencing exercise which the Director of Regeneration and Major Projects in consultation with the Director of Housing and Community Care and the Director of Legal and Procurement deem it necessary to facilitate the delivery of the South Kilburn Regeneration Phase 1;
(vi) that the CPOs, once made, be submitted to the Secretary of State for confirmation whilst at the same time seeking to acquire the land by private negotiated treaty on such terms as may be agreed by the Director of Housing and Community Care;
(vii) that the following be authorised:
1) Director of Housing and Community Care to enter into agreements and make undertakings on behalf of the Council with the holders of interests in the CPO Land or parties otherwise affected by the Scheme setting out the terms for the withdrawal of their objections to the confirmation of the CPOs and including the offering back of any part of the CPO Land not required by the Council after the completion of the development or the acquisition of rights over the CPO Land in place of freehold acquisition, where such agreements are appropriate;
2) Making of one or more general vesting declarations or 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 CPOs be confirmed by the Secretary of State;
3) Service of all requisite notices on the holders of the CPO Land including rights in the CPO Land relating to the making and confirmation of the CPOs;
4) Director of Housing and Community Care to remove from the CPOs any plot (or interest therein) no longer required to be acquired compulsorily for the scheme to proceed and to amend the interests scheduled in the CPOs (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);
5) Director of Housing and Community Care within the defined boundary of the 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;
6) Director of Housing and Community Care, if so advised, to seek to acquire for the Council by agreement any interest in land wholly or partly within the limits of the CPO Land for which a blight notice has been validly served.
vii) that the Director of Housing and Community Care be authorised (in conjunction with the Director of Legal and Procurement) to seek the consent of the Secretary of State under Section 19 of the Housing Act 1985 (where applicable) to the appropriation of housing land for planning purposes;
viii) that the Director of Housing and Community Care be authorised (where the Director of Housing and Community Care in conjunction with the Director of Legal and Procurement consider applicable) tocommence and comply with the procedure as set out in section 122(2A) of the Local Government Act 1972 by publishing a public notice in the local newspaper on two consecutive publication dates of the Council’s intention to appropriate public open space in the South Kilburn estate to planning purpose and in particular to consider any objections made to the appropriation, and unless there are objections received which in his opinion are significant, to implement the proposed appropriation. If such objections are received then a further report should be brought back to the Executive for consideration.
Minutes:
Councillor Crane (Lead Member, Regeneration and Economic Development) introduced the report which provided an update of progress of the regeneration of South Kilburn since the report to the Executive meeting on 23 June 2010. It also sought members’ agreement to a range of items in order to progress the regeneration objectives for the South Kilburn estate. Councillor Crane drew attention to the financial implications set out in the report in particular the sale of land and using the capital receipt progress to further sites. He also pointed out the possibility of current central government cuts impacting on the Homes and Communities Agency which would affect programme funding.
RESOLVED:-
(i) that progress of regeneration and the clarifications to the phasing plan for the regeneration of the South Kilburn estate, and that work is proceeding to update this phasing plan be noted;
(ii) that the immediate cessation of permanent lettings on the properties at Bond House, Cambridge Court, Ely Court, Bronte House, Fielding House, Hicks Bolton House, Wells Court and Wood House be authorised;
(iii) that agreement be given to the service of demolition notices in relation to secure tenancies at Bond House, Bronte House, Cambridge Court, Ely Court, Fielding House, Hicks Bolton House, Wells Court and Wood House, which are all on the South Kilburn estate, and the Director of Housing and Community Care be authorised to issue all and any notices required to be issued in connection with such demolition;
(iv) that the Director of Housing and Community Care be authorised to carry out the prescribed statutory consultation procedure and seek the Secretary of State’s consent to the phased disposal and redevelopment of Bronte House, Fielding House, Wells Court and Wood House in addition to the Phase 1 sites on the South Kilburn estate referred to in paragraph 3.26 of the report from the Director of Regeneration and Major Projects for the purposes of Ground 10A of Schedule 2 to the Housing Act 1985 to enable the Council to apply for a court order to obtain vacant possession of those residential dwellings let under secure tenancies.
(v) that the following be authorised:
(a) the making of compulsory purchase orders (the CPO’s) to acquire all interests and rights in the properties listed in appendix 1 [and otherwise comprised in the land edged in bold black and hatched on the draft Plan headed [the map referred to in the London Borough of Brent South Kilburn Regeneration Compulsory Purchase Order 2010-11] inclusive of the leasehold interests set out on Appendix 2 to the Report to the Executive meeting on 23 June 2010 being interests in the South Kilburn estate which properties are referred to hereafter as “the CPO Land” under section 226 (1)(a) of the Town and Country Planning Act 1990 and any new rights in the CPO Land which may be required under section 13 of the Local Government (Miscellaneous Provisions) Act 1976;
(b) the Director of Housing and Community Care in consultation with the Director of Legal and Procurement to include in the Compulsory Purchase Orders authorised by the Executive on 23 June 2010 and at this Executive meeting such other additional interests and rights as are disclosed during the land referencing exercise which the Director of Regeneration and Major Projects in consultation with the Director of Housing and Community Care and the Director of Legal and Procurement deem it necessary to facilitate the delivery of the South Kilburn Regeneration Phase 1;
(vi) that the CPOs, once made, be submitted to the Secretary of State for confirmation whilst at the same time seeking to acquire the land by private negotiated treaty on such terms as may be agreed by the Director of Housing and Community Care;
(vii) that the following be authorised:
1) Director of Housing and Community Care to enter into agreements and make undertakings on behalf of the Council with the holders of interests in the CPO Land or parties otherwise affected by the Scheme setting out the terms for the withdrawal of their objections to the confirmation of the CPOs and including the offering back of any part of the CPO Land not required by the Council after the completion of the development or the acquisition of rights over the CPO Land in place of freehold acquisition, where such agreements are appropriate;
2) Making of one or more general vesting declarations or 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 CPOs be confirmed by the Secretary of State;
3) Service of all requisite notices on the holders of the CPO Land including rights in the CPO Land relating to the making and confirmation of the CPOs;
4) Director of Housing and Community Care to remove from the CPOs any plot (or interest therein) no longer required to be acquired compulsorily for the scheme to proceed and to amend the interests scheduled in the CPOs (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);
5) Director of Housing and Community Care within the defined boundary of the 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;
6) Director of Housing and Community Care, if so advised, to seek to acquire for the Council by agreement any interest in land wholly or partly within the limits of the CPO Land for which a blight notice has been validly served.
(vii) that the Director of Housing and Community Care be authorised (in conjunction with the Director of Legal and Procurement) to seek the consent of the Secretary of State under Section 19 of the Housing Act 1985 (where applicable) to the appropriation of housing land for planning purposes;
(viii) that the Director of Housing and Community Care be authorised (where the Director of Housing and Community Care in conjunction with the Director of Legal and Procurement consider applicable) tocommence and comply with the procedure as set out in section 122(2A) of the Local Government Act 1972 by publishing a public notice in the local newspaper on two consecutive publication dates of the Council’s intention to appropriate public open space in the South Kilburn estate to planning purpose and in particular to consider any objections made to the appropriation, and unless there are objections received which in his opinion are significant, to implement the proposed appropriation. If such objections are received then a further report should be brought back to the Executive for consideration.
Supporting documents:
- RMP-SthKilburn-rpt, item 20. PDF 647 KB
- Restricted enclosure View the reasons why document 20./2 is restricted
- rmp-sth-kilburn-background-paper-1a-june10, item 20. PDF 201 KB
- Restricted enclosure View the reasons why document 20./4 is restricted
- rmp-sth-kilburn-background-paper-2-july09-map-legend-app2, item 20. PDF 2 MB
- rmp-sth-kilburn-background-paper-3a-july09, item 20. PDF 176 KB
- Restricted enclosure View the reasons why document 20./7 is restricted