Decision details

Approval of the Compulsory Purchase Order strategy for Aylesbury Estate Phase 2B Regeneration

RESOLVED:

1.  That it be noted that approval has previously been obtained for Aylesbury Phase 2B, as designed by Notting Hill Genesis prior to new legislation on fire safety and 2 staircases, and prior to the outcome of the judicial review hearing on the resolution to grant consent on the previous planning submission.  This report provides an update on Notting Hill Genesis’ current design proposals, updated tenure mix and programme, and the council’s progress on rehousing existing residents and achieving vacant possession of the blocks on Phase 2B.

2.  That having understood the changes as set out within the report, consent is re-affirmed, as previously granted on 14 June 2022, to proceed with the compulsory purchase order as set within the report.

3.  That thecurrent position in relation to the delivery of new homes at Phase 2B of the Aylesbury Estate regeneration programme be noted:

·  A resubmitted planning application for the redevelopment of the site to provide 640 homes, including 173 social rent homes, has been submitted by Notting Hill Genesis

·  Vacant possession of 348 existing properties has been achieved and

·  The council has successfully acquired 1 freehold and 62 leasehold properties by agreement, and successfully rehoused 309 households on to a secure tenancy (the disparity with the 348 figure above is because of the numbers of void properties which have been converted to temporary housing).

4.  That it be noted that officers are continuing to negotiate with the remaining 6 leaseholders at Phase 2B, with the intention to acquire these remaining interests by agreement.

5.  That it be resolved to make a Compulsory Purchase Order under Section 226 (1)(a) of the Town & Country Planning Act 1990 (“the 1990 Act”) for all land and rights within the area of land identified within the plan at Appendix 1 of the report for the purposes of securing the delivery of new homes on the site in line with the proposed planning consent (“the Scheme) and thereby securing the continuation of the regeneration of the Aylesbury Estate in line with the adopted Aylesbury Area Action Plan.

6.  That the director of planning and growth, in consultation with the strategic director of housing, be authorised on behalf of the council to:

·  Negotiate and complete a CPO indemnity agreement with Notting Hill Genesis, which allows them to underwrite all costs (apart from the buyback costs) associated with the CPO process

·  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

·  Acquire for planning purposes all interests in land and new rights within the CPO area as may be necessary to facilitate 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

·  Approve 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

·  Make any minor additions, deletions or amendments to the extent of the land to be included in the CPO as shown in Appendix 1 of the report should the need arise, so as to include all interests in land and rights required to facilitate the construction, maintenance and use of the Scheme

·  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; and

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

7.  That theprogress on acquiring leasehold interests as part of the Aylesbury Estate regeneration be noted.