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Agenda item

Support to Newlon Housing Trust in respect of the proposed redevelopment of New Barnsbury Estate

Decision:

AGREED RECOMMENDATIONS

Reasons for decision – as set out in the report, where it is not possible to voluntarily purchase leasehold interests, it is in the public interest to make a CPO.

Other options considered – Voluntary acquisition of the leasehold properties is the preferred option. A CPO should only be employed as an option of last resort, and only when all other opportunities to secure the redevelopment of the site have been fully explored and exhausted.

Conflicts of interest / dispensations granted – none

 

 

Minutes:

RESOLVED:

 

 

a)      

That the Corporate Director for Community Wealth Building be authorised, in consultation with theExecutive member for Housing and Development, and subject to the prior completion of a compulsory purchase indemnity agreement with Newlon Housing Trust, to take all necessary steps, includingthe making of a Compulsory Purchase Order (CPO) under section 226(1)(a) of the Town andCountry Planning Act 1990 to ensure that the leasehold interests in the Land, (as described in the table below as well as any third party rights over the Land where attempts to negotiatea voluntary acquisition of the leasehold interest or third party rights in accordance with the development timetablehave failed), can be acquired.

 

Table 2.1

 

Address ofpremises

Interest tobe acquired

Number

Estate / Commercial

Street

23

Commercial Units (see Exempt Appendix 2)

Caledonian Road

a.     Commercial Head lease

b.     Commercial Sub-Leases

c.      Third party rights

 

78

Residential Units (see Exempt Appendix 3)

New Barnsbury Estate

a.     Long leaseholds

b.     Third Party Rights

 

b)      

That where the Corporate Director of Community Wealth Building approves the making of a CPO, the Director of Law and Governance be authorised to take all necessary steps to secure the making, confirmation and implementation of the CPO.  This includes the approval of agreements with the owners and any objectors for the withdrawal of objections to the CPO, the acquisition of interests by use of General Vesting Declarations or notices to treat the settling of compensation and the acquisition of all interests in the properties on terms recommended by the Corporate Director of Community Wealth Building.  The costs of all such actions, following agreement and confirmation, to be met in full by Newlon Housing Trust.

 

c)      

That the Corporate Director of Community Wealth Building be authorised to acquire any interests in land within the area of the Land by agreement and the making of payments equivalent to statutory compensation (or payments as are deemed reasonable in the circumstances) and the provision of property or services in lieu of compensation, in contemplation of the Order being made.  The costs of all such actions, following agreement and confirmation, to be met in full by Newlon Housing Trust.

 

d)      

That, if the CPO is confirmed, the Corporate Director of Community Wealth Building be authorised to negotiate and agree the compensation amounts payable in compulsorily acquiring the interests. The costs of all such actions to be met, following agreement and confirmation, in full by Newlon Housing Trust. Additionally, the Director of Law and Governance be authorised to transfer any interests in the Land acquired by the council pursuant to the Compulsory Purchase Order or by agreement to Newlon Housing Trust.

 

 

 

Reasons for decision – as set out in the report, where it is not possible to voluntarily purchase leasehold interests, it is in the public interest to make a CPO.

Other options considered – Voluntary acquisition of the leasehold properties is the preferred option. A CPO should only be employed as an option of last resort, and only when all other opportunities to secure the redevelopment of the site have been fully explored and exhausted.

Conflicts of interest / dispensations granted – none

 

 

Supporting documents: