Issue - decisions

General Recommendations

(i)         that the progress made on the South Kilburn Regeneration Project as set out in the report from the Director of Regeneration and Major Projects be noted;

Phase 2 Recommendations

(ii)        that approval be given to the Director of Regeneration and Major Projects undertaking a mini-competition under the South Kilburn Developer Framework to identify a developer partner for the disposal of Bronte House and Fielding House;

(iii)       that rent levels for the affordable units at Bronte House and Fielding House once completed, be set at a rent equivalent to Homes and Community Agency's Target Rent Levels ('HCA Target Rent Levels');

(iv)       that officers begin an OJEU Procurement process for a developer partner for the disposal of Site 11b;

(v)        that officers' intentions to procure a design team to take proposals through to full planning application (RIBA Stage C or D) for Gloucester House and Durham Court as shown edged red on Plan A at Appendix 1 be noted and reported back following award of contract;

(vi)       that officers' intentions to enter into discussions with the landowner of  5-9 Chippenham Gardens and the Post Office site to ascertain if it is possible to bring forward the comprehensive redevelopment of the Post Office Plus Site as shown edged red on Plan B at Appendix 1 be noted;

(vii)      that officers' intentions to procure a design team (if applicable) to take proposals through to full planning application (RIBA Stage C or D) for the Post Office Plus Site be noted;

(viii)     that approval be given to proceed with securing vacant possession of the properties within Phase 2b 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 other interests;

(ix)       that approval be given 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 Town and Country Planning Act 1990 to acquire all non-Council interests (excluding secure tenancies) in the area as shown edged red ('the CPO Land') on Plan C attached at Appendix 1 to the Director’s report being at and adjacent to Bronte House and Fielding House together with any new rights which may be required for the development of the CPO Land under section 13 Local Government (Miscellaneous) Provisions Act 1976;

(x)        that the following be authorised:

(a)       Submissions 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 Director of Regeneration and Major Projects;

(b)       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 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)        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 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 and confirmation of the CPO;

(e)       Director of Regeneration and Major Projects to remove from the CPO in respect of any plot (or 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)        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)       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.

(xi)       that the Director of Regeneration and Major Projects, where necessary, seek the Secretary of State’s consent to the appropriation for planning purposes under section 19 Housing Act 1985 of all Council interests in Site 11b, Bronte House, Fielding House and Phase 2b and to the disposal and redevelopment of Site 11b, Bronte House, Fielding House and Phase 2b, and securing possession of such land and property using whatever powers are available;

(xii)      that the Director of Regeneration and Major Project review the strategy for securing vacant possession from secure tenants on Phase 2b and all subsequent phases (which is presently based on using Ground 10A Housing Act 1985), including considering the use of CPO powers, and to undertake any consultation legally required in the event that the Director of Regeneration and Major Project is considering recommending a change in strategy to the Executive;

(xiii)     that in the event that,after having reviewed the strategy for securing vacant possession from secure tenants on Phase 2b and all subsequent phases, the Director of Regeneration and Major Project does not wish to recommend a change in strategy to the Executive, agreement be given to commence any statutory consultation required with secure tenants residing in blocks earmarked for redevelopment within Phase 2b in order to rely on Ground 10A Housing Act 1985;

(xiv)     that the Director of Regeneration and Major Projects develop a draft allocation policy for allocating homes to residents living within Phase 2b and to undertake any consultation legally required in relation to this draft policy.

Phase 3 Recommendations

(xv)      that approval be given to proceed with securing vacant possession of the properties within 113 -136 and 97 -112 Carlton House, Peel Precinct  (together defined as ‘Peel’) as identified edged red on Plan D at Appendix 1 and Hereford House and Exeter Court as identified edged red on Plan E at Appendix 1 (together with Peel defined as ‘Phase 3’) 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 other interests;

(xvi)     that in the event that,after having reviewed the strategy for securing vacant possession from secure tenants on Phase 2b and all subsequent phases, the Director of Regeneration and Major Project does not wish to recommend a change in strategy to the Executive, that the Executive agrees to commence any statutory consultation required with secure tenants residing in blocks earmarked for redevelopment within Phase 3 in order to rely on Ground 10A Housing Act 1985;

(xvii)    that the Director of Regeneration and Major Projects be authorised, where necessary, to seek the Secretary of State’s consent to the appropriation for planning purposes under section 19 Housing Act 1985 of all Council interests in Phase 3 and to the disposal and redevelopment of Phase 3, and securing possession of such land and property using whatever powers are available;

(xviii)   that the Director of Regeneration and Major Projects be authorised to cease long term lettings on Phase 3 and continues to prioritise all new development site lettings in South Kilburn to tenants within sites on the next phase of development;

(xix)     that approval be given to the serving of demolition notices and the suspension of tenants’ Rights to Buy in relation to secure tenancies on Phase 3 which are all on the South Kilburn estate, and authorise the Director of Regeneration and Major Projects to issue all and any notices required to be issued in connection with such demolition;

(xx)      that officers’ intention to procure a design team to take proposals through to full planning application (RIBA Stage C or D) for the redevelopment of Peel to include the provision of a Healthy Living Centre and report back to the Executive following award of contract, be noted.