Issue - decisions

(i)         General Recommendations

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

(ii)        Site 11b Recommendations

(i)         that authority be delegated to the Director of Regeneration & Major Projects in consultation with Director of Legal and Procurement to award and enter into a Development Agreement with the preferred developer partner in respect of Site 11b.

(ii)        that the sum set out in Appendix 2 (restricted) from the proceeds of the sale of Site 11b be re-invested into the regeneration of South Kilburn, including for the purpose of bringing forward further development sites within the regeneration area.

(iii)       that the Director of Regeneration & Major Projects (where the Director of Regeneration & Major Projects in conjunction with the Director of Legal and Procurement consider applicable) be authorised to take the necessary steps to override or where requisite extinguish rights and interests in Site 11b which might otherwise act to constrain the development by:

(a)       appropriating the land Site 11b or any part or parts thereof for planning purposes under Section 122 of the Local Government Act 1972 when no longer required for the purpose for which it is currently held

(b)       taking any other legal steps as may be necessary to achieve this objective.

(iii)       Phase 2a Recommendations

(i)         that authority be delegated to the Director of Regeneration & Major Projects in consultation with Director of Legal & Procurement to award and enter into a Development Agreement with the preferred developer partner in respect of Phase 2a subject to the Council obtaining vacant possession of the site and the Secretary of State's consent to the disposal under Section 32 of the Housing Act 1985.

(ii)        that the sum set out in Appendix 3 (restricted) from the proceeds of the sale of Phase 2a be re-invested into the regeneration of South Kilburn, including for the purpose of bringing forward further development sites within the regeneration area. 

(iii)       that the Director of Regeneration & Major Projects (where the Director of Regeneration & Major Projects in conjunction with the Director of Legal and Procurement consider applicable) be authorised to take the necessary steps to override or where requisite extinguish rights and interests in Phase 2a or any part or parts thereof which might otherwise act to constrain the development by:

(a)       appropriating the land Phase 2a or any part or parts thereof for planning purposes under Section 122 of the Local Government Act 1972 when no longer required for the purpose for which it is currently held

(b)       seeking the Secretary of State’s consent under section 19 Housing Act 1985 in order to appropriate any part of the land consisting of a house or part of a house for planning purposes where applicable.

(c)        taking any other legal steps as may be necessary to achieve this objective.

(iv)       that in exercise of the power granted by the Secretary of State for Communities and Local Government under section 14A of the Acquisition of Land Act 1981, the Bronte & Fielding CPO be confirmed;

(v)        that authority be delegated to the Director of Regeneration and Major Projects to carry out all statutory requirements associated with the exercise by the Council of the power granted under section 14A of the Acquisition of Land Act 1981 in connection with the Bronte & Fielding CPO and, thereafter to take all necessary steps to implement the Bronte & Fielding CPO in furtherance of the delivery by the Council of the South Kilburn Regeneration Programme, by acquiring all non-Council-owned interests in the area shown edged red ('the Bronte & Fielding CPO Land') on Plan C attached at Appendix 1 being at and adjacent to Bronte House and Fielding House for the development of the Bronte & Fielding CPO Land, and the compulsory acquisition of such interests shall be effected through the use by the Council of the general vesting declaration ("GVD") process pursuant to the Compulsory Purchase (Vesting Declarations) Act 1981 and/or through the use of the Notice to Treat and Notice of Entry procedure pursuant to the Compulsory Purchase Act 1965, as appropriate and securing possession of secure tenancies by possession proceedings pursuant to Ground 10A of Schedule 2 to the Housing Act 1985.

(iv)       Phase 2b Recommendations

(i)         that officers’ intentions, (subject to Director of Legal & Procurement Confirmation that participation in the HCA framework is legally permissible), to progress procurement of a full architectural design team to develop detailed design and specification to RIBA Stage D+ for Gloucester House and Durham Court as shown edged red on Plan D at Appendix 1, by calling off the Homes and Communities Agency’s Multidisciplinary Panel and report back to the Executive following award of contract, be noted;

(ii)        that the statutory consultation currently being undertaken with secure tenants occupying properties in Phase 2b on three proposals be noted:

(i) statutory consultation in connection with seeking approval of the Secretary of State for use of Ground 10A of the Housing Act 1985; (ii) consultation on the Council’s proposal to make a CPO on properties in Phase 2b that are currently occupied by secure tenants; and (iii) consultation in connection with a draft Allocation Policy for Phase 2b. Officers will report back to the Executive detailing the outcome of this statutory consultation; and may, depending on the outcome of the consultation and members views on that, seek Executive approval to a) authorise the Director of Regeneration and Major Projects to seek the Secretary of State's consent to the disposal and development of Phase 2b for the purpose of Ground 10A of Schedule 2 to the Housing Act 1985; and b) authorise the final Phase 2b Allocation Policy.

(iii)       that approval be given to 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 in the area as shown edged red ('the Gloucester and Durham CPO Land') on Plan D and E attached at Appendix 1 being at and adjacent to Gloucester House, Durham Court, Masefield House  and Wordsworth House together with any new rights which may be required for the development of the Gloucester and Durham CPO Land under section 13 Local Government (Miscellaneous) Provisions Act 1976.

(iv)       that approval be given to the following, namely the:

(i)         Making, publication and submission by the Council to the Secretary of State of the CPO, in respect of the Gloucester and Durham CPO Land 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;

(ii)        Director Regeneration and Major Projects to enter into agreements and give undertakings on behalf of the Council with the holders of interests in the Gloucester and Durham 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 Gloucester and Durham CPO Land not required by the Council after the completion of the development or the acquisition of rights over the Gloucester and Durham CPO Land in place of freehold acquisition, where such agreements are appropriate;

(iii)       Making of one or more 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 (if the CPO is unopposed) should the CPO be confirmed by the Council in the event that the Council is authorised by the Secretary of State to exercise the power conferred by section 14A of the Acquisition of Land 1981;

(iv)       Serving on those who have or are reputed to have an interest in, and/or are in occupation of, the Gloucester and Durham CPO Land, all requisite notices relating to the making and confirmation of the CPO and any proceedings relating to the same;

(v)        Director of Regeneration and Major Projects to remove, while the CPO is in draft form, and prior to its being made, 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) 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) or after the CPO has been made to submit modifications to the Secretary of State;

(vi)       Director of Regeneration and Major Projects within the defined boundary of the Gloucester and Durham 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 the CPO;

Director of Regeneration and Major Projects, if so advised, to seek to acquire for the Council any interest in land wholly or partly within the limits of the Gloucester and Durham CPO Land for which a blight notice has been validly served.

(v)        that the Assistant Director of Property and Asset Management (where the Assistant Director of Property and Asset Management in conjunction with the Director of Finance consider applicable) be authorised to acquire third party interests and rights within Phase 2b as necessary to progress the regeneration programme;

(vi)       that the Director of Regeneration & Major Projects (where the Director of Regeneration & Major Projects in conjunction with the Director of Legal and Procurement consider applicable) be authorised to take the necessary steps to override or where requisite extinguish rights and interests in Phase 2b or any part or parts thereof which might otherwise act to constrain the development by:

(a)       appropriating Phase 2b or any part or parts thereof for planning purposes under Section 122 of the Local Government Act 1972 when no longer required for the purpose for which it is currently held

(b)       seeking the Secretary of State’s consent under section 19 Housing Act 1985 in order to appropriate any part of the land consisting of a house or part of a house for planning purposes where applicable.

(c)        taking any other legal steps as may be necessary to achieve this objective.

(v)        Phase 3 and Phase 4 Approvals 

(i)         that the Assistant Director of Property and Asset Management (where the Assistant Director of Property and Asset Management in conjunction with the Director of Finance consider applicable) be authorised to acquire third party interests and rights within Phase 3 and Phase 4 of the South Kilburn Masterplan Area as necessary to progress the regeneration programme by way of negotiation.