Decision details
Appropriation of Ujima House, 388 High Road, and land on the east of Cecil Avenue and High Road, Wembley (Officer Recordable Decision)
Decision Maker: Corporate Director of Neighbourhoods & Regeneration
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
To seek agreement for the appropriation of the land known as Ujima House, 388 High Road, Wembley, and land on the east of Cecil Avenue and High Road Wembley.
Decision:
In line with Cabinet’s approval to delegate authority, the Corporate Director Communities and Regeneration, in consultation with the Cabinet Member for Regeneration, Planning & Growth:
i) Considers representations made by third parties (if any).
ii) Agrees the Appropriate Land is surplus to requirements and is no longer required for the purpose for which it is currently held
iii) Once consideration has been given to any representations made and providing the Appropriation Land is surplus to requirements, then to agree that the Appropriation Land is to be appropriated efor planning purposes pursuant to Planning Application Ref: 19 / 3092 for Ujima House and 19 / 2891 for Cecil Avenue and the subsequent planning permission obtained on 5 February 2021.
Reasons for the decision:
In order to deliver the proposed developments an appropriation of land is required. The Appropriation Land would serve in the public interest and will contribute to the economic and social wellbeing of the area.
The redevelopment of the Appropriation Land would deliver approximately 152 affordable homes, 152 private homes, 30,000 square feet commercial and community space, publicly accessible open space, and car and cycle parking upon the Appropriation Land.
Alternative options considered:
If a third part is able to establish an easement or rights over parts of the Appropriation Land (the easements could include but are not limited to a right of way or right to light) then the third party could potentially prevent development of the Appropriation Land and apply for an injunction.
All outstanding interests in the land have been acquired by private treaty. The land is now vacant and there are no leaseholders, secure tenants or tenants in the premises on the Appropriation Land.
The effect of appropriation is therefore to facilitate the development of the Appropriation Land and to override third party rights and interests in the Appropriation Land that may exist. Third parties may be entitled to compensation for the loss of their rights.
On the 5 February 2021 detailed planning permission was granted for the Cecil Avenue redevelopment scheme (which includes the Appropriation Land) (ref: 19/2891) and outline planning permission was granted for the Ujima House redevelopment scheme (which includes the Appropriation Land) (ref: 19/3092).
Officers consulted with 55 third parties that may have private rights over the Appropriation Land for a period of 8 weeks from the 19 December 2022. 14 Notices were returned as “Not Called For” or “Return to Sender”. Five responses were received from consultees which have been responded to by the developer and the Council.
At the time of writing no third-party rights on which compensation obligations arise have been identified
Interests and Nature of Interests Declared:
None.
Wards Affected: Wembley Hill;
Cabinet/Committee Decision or Scheme of Delegation: Delegated authority - Cabinet 16 August 2021
Parties Consulted: Cabinet Member for Regeneration, Planning and Growth
Contact: Jonathan Kay, Head of Regeneration, Communities and Regeneration Email: jonathan.kay@brent.gov.uk Tel: 020 8937 2348.
Publication date: 06/06/2023
Date of decision: 05/06/2023