Decision details

Final approval of the Compulsory Purchase Order strategy for the Ledbury Estate Regeneration

RESOLVED:

1.  That the following be noted:

  i.  The current position in relation to the delivery of new homes at Phase 2 of the Ledbury Estate Renewal Scheme.

  ii.  A construction contract with Higgins Partnerships Ltd to deliver both Phase 1 and Phase 2 of the Estate Redevelopment, along with the required budgets to deliver the Ledbury Estate Renewal Scheme was agreed by cabinet in December 2021 and March 2023 respectively.

  iii.  A planning application (22/AP/0554) for the redevelopment of both phases of the site, providing 80 homes on the first phase and 260 homes on the second phase was approved in December 2022.

  iv.  The council has already acquired 19 leasehold interests across the 4 Ledbury towers. 6 of these were in Bromyard House which facilitated successful vacant possession for Phase 1.

  v.  On Phase 1, vacant possession was achieved on 25 July 2022 with a formal start on site date of 4 December 2023.

  vi.  On Phase 2, there are currently 14 leasehold interests across the three remaining towers of Peterchurch House, Skenfrith House and Sarnesfield House (hereafter “the three towers”).

  vii.  The council continues to pursue a negotiated settlement with all leaseholders situated within the three remaining towers, with the intention to acquire these remaining interests by agreement without the need for the council to apply to use its compulsory purchase powers.

  viii.  The council may need to use its compulsory purchase powers to acquire outstanding land and interests in the absence of a negotiated settlement to acquire such interests.

  ix.  The council is offering to rehouse all resident leaseholders who want to stay on the rebuilt Ledbury Estate, in a new leasehold home on either an outright purchase or shared equity loan basis (subject to financial assessment), in compliance with the policies outlined in the Ledbury Resident Offer document.

  x.  Phase 1 is currently anticipated to complete in June of 2026.

  xi.  That this paper is an update to a paper brought to cabinet in December 2024 which sought in-principal approval to make and

confirm a CPO (see background papers).

  xii.  The ongoing efforts to rehouse residents from the three towers, based on critical health and safety risks, as detailed in the July 2024 Rehoming Notice section below.

2.  That the following be agreed:

  i.  To use compulsory purchase powers under Section 226(1)(a) of the Town and Country Planning Act 1990 (“the 1990 Act”) and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of all land and interests (which are not already owned by the council) within the area of land shown for identification purposes edged black and bold on the plan in Appendix 1, for the purposes of facilitating the redevelopment, development and improvement of the land and securing the delivery of 260 new homes on the site in line with the planning application for Phase 2 (“the Scheme”) thereby securing the continued redevelopment of the Ledbury Estate, in line with the original planning consent (22/AP/0554) and associated minor material amendments application (24/AP/2136) (still to be determined).

  ii.  That the director of planning and growth, in consultation with the managing director of Southwark construction, be authorised on behalf of the council to:

  iii.  Take all necessary steps to secure the making, confirmation, and implementation of the CPO, including the publication and service of all notices and the presentation of the council’s case at public inquiry should one be called.

  iv.  Acquire for planning purposes all interests in land and new rights within the CPO area as may be necessary to facilitate Phase 2 of the Scheme, either by agreement or compulsorily, including entering into negotiations with any third parties for the acquisition of the land interests and/or for new rights over their land (as appropriate), the payment of compensation and dealing with any blight notices served in connection with the CPO.

  v.  Dealing with objections to the CPO including approving agreements with landowners setting out the terms for the withdrawal of objections to the CPO, including where appropriate seeking the exclusion of land or new rights from the CPO or giving undertakings as to the enforcement of the terms of the CPO.

  vi.  Remove from the CPO any plot or interest therein no longer to be acquired compulsorily and to then amend the interests in the scheduled CPOs (if so advised).

  vii.  Make any minor amendments to the extent of the land as shown on the plan at Appendix 1 of the report should the need arise, to include all land and interests in land and rights required to facilitate the construction, maintenance, and use of the Scheme, and to remove any land from within the CPO boundary indicated on the plan at Appendix 1 of the report if its inclusion is no longer necessary.

  viii.  Take all necessary actions in relation to any legal proceedings relating to the CPO, including defending or settling (as appropriate) any compensation claims referred to the Lands Chamber of the Upper Tribunal due to the making or implementation of the CPO, and to take all necessary steps in respect of any other legal proceedings that relate to the making, confirmation, or implementation of the CPO.

  ix.  Appoint and/or retain such external professional advisors and consultants as are necessary to assist the council in facilitating the development of Phase 2 of the Scheme, including in the promotion of the CPO and the settlement of any compensation claims.

  x.  Make any amendments to the draft Statement of Reasons annexed at Appendix 4 to this report as are considered necessary prior to its submission to the Secretary of State.

  xi.  Confirm the CPO if granted the power to do so by the Secretary of State.

  xii.  Exercise the compulsory purchase powers authorised by the CPO by way of General Vesting Declaration(s) and or notice(ss) to treat.

3.  That the following be delegated to the director of planning and growth:

  i.  To negotiate and enter into off-plan sales agreements in Phases 1 and 2 of the new development with resident and non-resident leaseholders who qualify for a new council home.

4.  That it be resolved to:

  i.  Approve the commencement of statutory consultation with secure tenants, pursuant to Part 5 of Schedule 2 to the Housing Act 1985, regarding the proposal to seek the Secretary of State’s approval for the redevelopment Scheme for the purpose of Ground 10A, Schedule 2 Housing Act 1985.

  ii.  Agree to obtain vacant possession of Peterchurch House, Skenfrith House and Sarnesfield House pursuant to Ground 10/10A of Schedule 2 of the Housing Act 1985 in order to deliver the Scheme.