Agenda item

AGREED RECOMMENDATIONS

Reasons for the decision – as detailed in the report

Other options considered – none

Conflicts of interest / dispensations granted – none

RESOLVED:

(a) To authorise the Corporate Director for Community Wealth Building, following consultation with the Executive Member for Finance, Planning and Performance, to authorise the transfers of land and leasehold interests at the New Barnsbury Estate, as identified edged yellow on the plan attached at Appendix 1 to the report of the Executive Member for Finance, Planning and Performance, to Newlon as appropriate to enable development delivery.

(b) To note, subject to certain conditions, that the Council will enter into the Deeds of Release to remove the restrictive covenant in respect of development.

(c) To authorise the Corporate Director for Community Wealth Building, following consultation with the Executive Member for Finance, Planning and Performance, to authorise entering into the transactions and other documentation in respect of acquisition and/or appropriation for planning purposes, related to rights of light and all and any other rights, to support the development including any required acquisition and disposal of land interests and other related matters. A plan of the properties with rights potentially impacted by development and appropriation were detailed in Appendix 2. In order to appropriate, the Council needed to have an interest in land to satisfy the legal requirements set down in the relevant sections of law and as such would need to acquire a relevant interest from Newlon accordingly, disposing of that interest back to Newlon shortly thereafter, enabling the implementation of appropriation.

(d) To authorise the Corporate Director for Community Wealth Building, following consultation with the Executive member for Housing and Development, and subject to the prior completion of a compulsory purchase indemnity agreement with Newlon Housing Trust, to approve the making of one or more Compulsory Purchase Orders (CPO) under sections 226(1)(a) and 226(3)(a) of the Town and Country Planning Act 1990, section 13 of the Local Government (Miscellaneous Provisions) Act 1976 and any other power as relevant to ensure that all necessary interests in (and rights over, including new rights) the Order Land, (being that land edged red on the Plan at Appendix 3 and that land shown for the acquisition of new rights on the Plan at Appendix 4, or such other version of the Order Map as the Director of Law and Governance may approve provided that such version does not include any additional land to that currently shown), can be compulsorily acquired.

(e) That, where the Corporate Director of Community Wealth Building approves the making of a CPO, to authorise the Director of Law and Governance to take all necessary steps to secure the making, confirmation, and implementation of that CPO, including (but not limited to):

i) The preparation, submission and exchange of all necessary documents required before and during the CPO process, including if necessary any applications for certificates required pursuant to section 19 or Schedule 3 to the Acquisition of Land Act 1981.

ii) Compliance with all procedural requirements.

iii) The entering into of agreements or giving undertakings to with any objectors or those with an interest in the land to facilitate the withdrawal of such objections to the CPO on terms recommended by the Corporate Director of Community Wealth Building.

iv) The appointment of and attendance, presentation and representation by any legal advisor or expert at any public inquiry (or similar)

v) The ability to seek formal modifications to the CPO.

vi) The execution and service of any General Vesting Declarations and/or notices to treat and notices of entry or any other document or instrument required to effect implementation of a CPO.

vii) Taking and enforcing possession of the Order Land

viii) The referral and conduct of disputes relating to compensation at the Upper Tribunal (Lands Chamber), and

ix) To enter into a CPO indemnity agreement with Newlon Housing Trust (or such other entity as the Director may approve), under which Newlon Housing Trust will indemnify the Council in respect of the costs of the CPO process and compensation that may arise as a result of the making, confirmation, or implementation of any CPOs

x) The costs of all such actions, following agreement and confirmation, to be met in full by Newlon Housing Trust

(f) To authorise the Corporate Director of Community Wealth Building, pursuant to section 227 of the Town and Country Planning Act 1990 and/or any other power (as relevant), to acquire any interests in (or new rights over) the Order Land by agreement and make payments equivalent to statutory compensation (or payments as are deemed reasonable in the circumstances or the provision of property or services in lieu of compensation), either in advance (but in contemplation of) or during the formal CPO process. The costs of all such actions, following agreement and confirmation, to be met in full by Newlon Housing Trust

(g) To authorise the Director of Law and Governance to transfer, lease or licence any interests in (or new rights over) the Order Land that have been acquired by the Council pursuant to the CPO or by agreement to Newlon Housing Trust or such other person involved in the development and which the Director of Law and Governance may approve.

(h) To note that, following the compulsory acquisition, voluntary acquisition and/or appropriation of any part or parts of the Order Land pursuant to the above that section 203 of the Housing and Planning Act 2016 and/or section 236 of the Town and Country Planning Act 1990 (as applicable) may then apply to override or extinguish (as applicable) (and subject to payment of compensation where requested) any third party rights or covenants (to which that section applies).

(i) To authorise the approvals required to assemble the Order Land including (if necessary) via compulsory purchase to ensure the development can proceed should Newlon Housing Trust and the Council fail to reach a negotiated settlement with the relevant affected parties. The scheme requires the assembly of the Order Land with vacant possession and free from impediments (including third party rights) including potentially via compulsory purchase.

Reasons for the decision – It was in the public interest for the Council to enter into these arrangements to secure the redevelopment to provide better and more homes and to promote economic, social, and environmental wellbeing and to contribute to sustainable development in Islington.

Other options considered – none

Conflicts of interest / dispensations granted – none