Decision details
Coles Green Court
Decision Maker: Executive
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
Purpose:
To support Network Housing Group’s redevelopment plans for the dilapidated Coles Green Court NW2 by making a Compulsory Purchase Order (CPO), either under the provisions of s17 of the Housing Act 1985 or under Section 226(1) of the Town and Country Planning Act 1990 (as amended), to acquire all necessary interests at Coles Green Court, and specifically 4 leaseholder interests. Network Housing will be required to underwrite all Council costs (legal and administrative) and to sign an indemnity agreement.
[Appendices to the report will not be for publication as they will contains the following category of exempt information in paragraph 3 Schedule 12(A) of the Local Government Act 1972: information relating to the financial or business affairs of any particular person (including the Authority holding the information)].
Decision:
(i) that the background to Network Housing Group’s redevelopment proposals for Coles Green Court and Network’s endeavours to negotiate acquisition of leaseholder interests at Coles Green Court be noted:
(ii) that subject to Network Housing Group underwriting all costs of such CPO action, approval be given to the:
a) making of a Compulsory Purchase Order (CPO) to acquire leaseholder interests and other relevant legal interests in the land which for identification purposes are shown edged red on the plan attached to this report at Appendix 1 (“the CPO Land”) under Section 226(1)(a) of the Town and Country Planning Act 1990, to facilitate the carrying out of redevelopment scheme (“the Scheme”) and any new rights in the CPO Land which may be required under section 13 of the Local Government (Miscellaneous Provisions) Act 1976;
b) submission of the CPO, once made, to the Secretary of State for confirmation, whilst Network Housing Group at the same time seek to acquire the land by private negotiated treaty;
c) making of one or more general vesting declaration or service of Notice to Treat and Notice 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, if determined by the Director of Regeneration & Major Projects on the advice of the Director of Legal & Procurement Services, as necessary in order to implement the CPO;
d) acquisition (either pursuant to the CPO or by agreement) of the CPO Land by the Council from its owners once the CPO has been confirmed, subject to all costs in connection therewith indemnified and paid by Network Housing Group;
e) 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 CPO, where such agreements are appropriate;
f) 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 CPO;
g) Director of Regeneration and Major Projects to remove from the CPO 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 CPO (if so advised);
h) 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;
i) 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.
Wards Affected: Dollis Hill;
Contact: Jonathan Kay, Head of Regeneration, Communities and Regeneration Email: jonathan.kay@brent.gov.uk Tel: 020 8937 2348.
Report author: Jonathan Kay
Publication date: 13/02/2013
Date of decision: 11/02/2013
Decided at meeting: 11/02/2013 - Executive
Accompanying Documents: