Decision details

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

      i.        that the progress made on the South Kilburn Regeneration project as set out in the report be noted.

    ii.        that the Director of Regeneration and Major Projects be authorised to seek the Secretary of State’s consent to the disposal and redevelopment of phase 2 sites on the estate for the purposes of Ground 10A of Schedule 2 of the Housing Act 1985, to enable the Council to apply for a court order to obtain vacant possession of residential dwellings let under secure tenancies, Section 32 of the Housing Act 1985 to dispose of housing land, Section 19 of the Housing Act for appropriation of all housing land within Phase 1b and Phase 2 of the South Kilburn Regeneration project for planning purposes and under the necessary Act (if applicable) to dispose of non housing land (all blocks and phases earmarked for redevelopment are listed in Appendix 2).

   iii.        that the Director of Regeneration and Major Projects be authorised to appropriate all land comprised within Phase 1b and Phase 2 of the South Kilburn Regeneration project to planning purposes when it is no longer required for the purposes for which it is held prior to appropriation subject in respect of land held for housing purposes to the consent of the Secretary of State under Section 19 of the Housing Act 1985.

   iv.        that the making of compulsory purchase orders (CPOs) to acquire (a) all interests and rights in the properties listed in Appendix 1 and comprising the land shown edged red on the plans in Appendix 1 (the CPO Land) and (b) any new rights in the CPO Land which may be required under section 13 of the Local Government (Miscellaneous Provisions) Act 1976, notably Bronte House, Fielding House, Wordsworth House, Masefield House, Durham Court and Gloucester House, be authorised. 

    v.        that the Director of Regeneration and Major Projects be authorised to cease long term lettings and authorise the service of demolition notices and the suspension of tenants’ Rights to Buy applications in relation to secure tenancies across the estate on all one bedroom properties that have been identified to be demolished as part of the South Kilburn Regeneration Programme and continue to prioritise all new development site lettings in South Kilburn to tenants within sites on the next phase of development (all blocks and phases earmarked for redevelopment are listed in Appendix 2 of the report).

   vi.        that the Director of Regeneration and Major Projects be authorised to cease all long term lettings in blocks earmarked for redevelopment within five years of their scheduled demolition date (all blocks and phases earmarked for redevelopment are listed in Appendix 2 of this report).

  vii.        that it be authorised that the CPOs, once made, be submitted to the Secretary of State for confirmation and that at the same time, the council seek to acquire the land by private negotiated treaty on such terms as may be agreed by the Director of Finance & Corporate Services.

viii.        that demolition notices be served and the tenants' Rights to Buy in relation to secure tenancies at Masefield House, Wordsworth House, Durham Court and Gloucester House which are all on the South Kilburn estate, be suspended and that the Director of Regeneration and Major Projects be authorised to issue all and any notices required to be issued in connection with such demolition. 

   ix.        that the following be authorised: -

(a)  The submissions of the CPOs, 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 Director of Regeneration and Major Projects;

(b)  The Director of Regeneration and Major Projects 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;

(c)  The 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;

(d)  The serving of all requisite notices on the holders of the CPO Land relating to the making and confirmation of the CPOs;

(e)  The Director of Regeneration and Major Projects to remove from the CPOs in respect of 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);

(f)   The Director of Regeneration and Major 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)  The Director of Regeneration and Major Projects, 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.

South Kilburn Programnne Board

Ongoing consultation through:-

-       Design process for new homes

-       Statutory 21 day planning application consultation

Statutory G10a/ schedule 5 consultation process.