Decision details

To note the progress on the South Kilburn regeneration programme and to secure permission from members for various elements to progress the next phase of the programme including property, procurement and other matters.

(i)         That the Executive note the progress made on the South Kilburn Regeneration Project as set out in this report.

Phase 1b Recommendations

(ii)        That the Executive note the Strategic Director of Regeneration & Growth's proposed amendments to the Development and Sales Agreement with Catalyst Housing Ltd in relation to former Cambridge Court, Wells Court and Ely Court and Bond Hicks Bolton and Wood House (together defined as Phase1b), as set out in section 3 below.

(iii)       That the Executive authorise recycling the Phase 1b overage payment back into the South Kilburn Regeneration Programme to enable the early acquisition of leasehold interests. 

Site 18 Recommendations

(iv)       Members are asked to note that if the Hybrid Parliamentary High Speed 2 (HS2) Bill ('HS2 Bill') once laid includes provision for a ventilation shaft on Site 18, that the question as to whether to oppose the HS2 Bill will be put to Full Council. 

Post Office Plus Site Recommendations

(v)        That the Executive delegate authority to the Strategic Director of Regeneration and Growth in conjunction with the Borough Solicitor and the Chief Finance Officer to enter into a Collaboration Agreement with Woodville Properties the landowner of 5-9 Chippenham Gardens and the Post Office site to bring forward a comprehensive redevelopment of 5-9 Chippenham Gardens and the Post Office site with the Council's adjoining land at 4-26 Stuart Road (together defined as the 'Post Office Plus Site') as shown edged red on Plan A at Appendix 1.

(vi)       That the Executive authorise the removal of 4-26 Stuart Road as shown edged red on Plan B at Appendix 1, from the South Kilburn Regeneration Programme if the Strategic Director of Regeneration and Growth in conjunction with Borough Solicitor and Chief Finance Officeris unable to agree and enter into a Collaboration Agreement with Woodville Properties in respect of Post Office Plus Site.

[Recommendations (vii) to (ix) are subject to entering into a Collaboration Agreement with Woodville Properties in respect of the Post Office Plus Site];

(vii)      That the Executive award a contract for a full architectural design team to PRP Architects to lead the design team through to a full planning application (RIBA Stage 3) for the redevelopment of the Post Office Plus Site.

(viii)     That the Executive authorise the Director of Regeneration and Growth to develop a draft allocation policy for allocating homes to secure tenants living within 4 -26 Stuart Road.

(ix)       That the Executive authorise the Director of Regeneration and Growth to commence statutory consultation with secure tenants residing in 4-26 Stuart Road on three proposals (i) statutory consultation in connection with seeking approval of the Secretary of State for use of Ground 10A of Schedule 2 to the Housing Act 1985 (“Ground 10A”) (ii) consultation on the Council's proposal to make a CPO on properties in 4 - 26 Stuart Road that are currently occupied by secure tenants (iii) consultation in connection with the draft allocation policy for allocating homes to secure tenants living within 4 -26 Stuart Road. Officers will report back to the Executive on the outcome of the statutory consultation and may, depending on the outcome of the consultation seek Executive approval to (i) authorise the Director of Regeneration and Growth to seek the Secretary of State's consent to the disposal and development of 4 - 26 Stuart Road for the purpose of Ground 10A, (ii) authorise the final Allocation Policy for 4 - 26 Stuart Road, and (iii) proceed with securing vacant possession of properties within 4 - 26 Stuart Road occupied by secure tenants through negotiation and private treaty and then, if necessary, via possession proceedings based on Ground 10A and CPO.

Peel Recommendations

(x)        That the Executive note Officers intention, subject to the approval of the Borough Solicitor, to progress procurement of a full architectural design team to develop a hybrid planning application for 8 to 14 Neville Close (all numbers inclusive), 97 to 112 Carlton House, Peel Precinct (together defined as 'Peel') as shown edged red on Plan C at Appendix 1 by calling off either the Homes and Communities Agency (HCA) Multidisciplinary Panel or the GLA Architecture and Urbanism Consultants Framework Agreement Panel and report back to the Executive following award of contract.

(xi)       That the Executive authorise the Strategic Director of Regeneration and Growth to procure a specialist health care provider through an open market tender process to enter into an agreement to take a lease of and manage the South Kilburn Health Centre to be developed within Peel and report back to the Executive to secure approval for award of the contract.

(xii)      That the Executive approve the Strategic Director of Regeneration & Growth undertaking a mini competition under the Greater London Authority (GLA) London Development Panel subject to the approval of the Borough Solicitor, to identify a developer partner for the regeneration of Peel and report back to the Executive to secure approval for award of the contract.

(xiii)     That the Executive agree to set rent levels for the affordable units at Peel once complete, at a rent equivalent to HCA Target Rent Levels.

(xiv)     That the Executive agree to proceed with securing vacant possession of the properties and commercial units within Peel through negotiation and private treaty and then, if necessary, via possession proceedings based on Ground 10A in relation to the secure tenants and then CPO for all remaining interests.

(xv)      That the Executive authorise the Operational Director of Property and Projects (where the Operational Director of Property and Projects in conjunction with the Chief Finance Officer considers applicable) to acquire third party interests and rights within Peel as necessary to progress the project by way of negotiation.

(xvi)     That the Executive authorise the Strategic Director of Regeneration and Growth to seek Secretary of State’s consent to appropriate for planning purposes all interests in Peel.

(xvii)    That the Executive authorise the Strategic Director of Regeneration and Growth to develop a draft allocation policy for allocating homes to secure tenants living within Peel;

(xviii)   That the Executive agree and authorise the Strategic Director of Regeneration and Growth to commence statutory consultation with secure tenants residing in blocks earmarked for redevelopment within Peel on three proposals (i) statutory consultation in connection with seeking approval of the Secretary of State for use of Ground 10A of the Housing Act 1985 (ii) consultation on the Council's proposal to make a CPO on properties in Peel that are currently occupied by secure tenants (iii) consultation in connection with the draft allocation policy for allocating homes to secure tenants living within Peel. Officers will report back to the Executive on the outcome of the statutory consultation and may, depending on the outcome of the consultation seek Executive approval to (i) authorise the Director of Regeneration and Growth to seek the Secretary of State's consent to the disposal and development of Peel for the purpose of Ground 10A of the Housing Act 1985, (ii) authorise the final Allocation Policy for Peel, and (iii) proceed with securing vacant possession of properties within Peel occupied by secure tenants through negotiation and private treaty and then, if necessary, via possession proceedings based on Ground 10A and CPO

Compulsory Purchase Order (CPO) Recommendations

(xix)     That the Executive authorise 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 (excluding secure tenancies) in the areas shown edged red  on Plan C attached at Appendix 1  ('the CPO Land') being Peel respectively 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 CPO Land in furtherance of the regeneration of Peel (and such CPO being referred to in this report as "the CPO").

(xx)      That the Executive authorise the:

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

b)       Operational Director Property & Projects to enter into agreements with and give undertakings to, on behalf of the Council the holders of all interests in the CPO Land or parties otherwise affected setting out the terms for the withdrawal of their objections to the confirmation of the CPO and including the offering back of any part of the CPO Land not required by the Council after the completion of the development  at Peel or the acquisition of rights over the CPO Land in place of freehold acquisition, where such agreements or undertakings are appropriate;

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 CPO be confirmed by the Secretary of State or otherwise;

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

e)       Operational Director Property & Projects to remove from the CPO any plot (or any interest therein) no longer required to be acquired compulsorily for the Scheme to proceed and to amend the interest scheduled in the 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 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 CPO Land for which a valid blight notice has been served.

General Recommendations

(xxi)     That the Executive delegate authority to the Operational Director Property and Projects (where the Operational Director of Property and Projects in conjunction with the Chief Finance Officer consider applicable) to acquire third party leasehold interests, as necessary in Phase 3 and Phase 4 to progress the regeneration programme, at market value by way of negotiation including any compensation amounts properly payable up to a total value equivalent to the overage payment value set out at Appendix 2.

(xxii)    That the Executive authorise the Strategic Director of Regeneration and Growth to develop a Local Lettings Policy for allocating homes within South Kilburn and to undertake any consultation legally required in relation to the Local Lettings Policy.