Decision details

Cabinet to delegate decision to Strategic Director of Community Well-being to seek approval from the Secretary of State to appropriate land and if necessary seek approval to CPO leaseholder interests and approve the full infill development as proposed following consultation.

Cabinet RESOLVED:

(1)     To authorise the Strategic Director Community Wellbeing to seek the approval of the Secretary of State to redevelop the sites under Ground 10A of Schedule 2 of the Housing Act 1985 to obtain vacant possession of properties at Watling Gardens and Windmill Court separately in order to redevelop and or demolish each of the Sites.

(2)     To delegate authority for the Strategic Director Community Wellbeing to make an application to seek the Secretary of State’s consent under section 19 of the Housing Act 1985 to appropriate any part of Watling Gardens, Windmill Court or Kilburn Square including any part consisting of a house or part of a house so that parts of these sites were no longer held for the purposes of Part ll of the Housing Act 1985.

(3)     To delegate authority to the Strategic Director Community Wellbeing in consultation with the Lead Member for Housing & Welfare Reform to consider the impact of the Public Sector Equality implications and to ensure compliance with such duty and thereafter to consult with those affected by the appropriation of Watling Gardens and Windmill Court and to consider the responses of the consultation and thereafter and where appropriate to appropriate each of the sites separately for planning purposes in order to facilitate the redevelopment of the site for which planning permission was being sought.

(4)     To note the offers made to secure tenants and leaseholders within Appendix 1 and 2 of the report which aimed to maximise choice and secure a better match with individual circumstances, by offering shared ownership and shared equity options and reversion to tenancy for vulnerable leaseholders.

(5)     To authorise the purchase of leasehold interests required for the schemes by private treaty and delegate authority to Strategic Director Regeneration & Environment, in consultation with the Lead Member for Regeneration, Property and Planning to agree the terms of each purchase and enter into Contracts and to agree the payment of compensation in accordance with the Circular mentioned in section 6 of the report.

(6)     To delegate authority to the Strategic Director Community Wellbeing to take all necessary steps to commence the process for the making, confirmation and implementation of a Compulsory Purchase Order (CPO) for Watling Gardens or Windmill Court separately, including securing the appointment of suitable external advisors for each of the Sites and preparing all necessary CPO documentation under delegated authority.  The key steps to make a CPO are set out in section 6 of the report and prior to doing this there will be a need to consider and have due regard to the impact of the Council’s Public Sector Equality Duty

(7)     To agree that the use of CPO powers is exercised after balancing the rights of individual property owners with the requirement to obtain vacant possession of properties at Watling Gardens and Windmill Court.

(8)     To authorise serving of the initial demolition notices to suspend the secure tenants’ right to buy at Watling Gardens and Windmill Court and to serve the final demotion notices once the date for demolition was known.