Purpose

Approval to appropriate the land known as Watling Gardens NW2 for development purposes.

Decision

In line with Cabinet’s approval to delegate authority, the Corporate Director Resident Services, in consultation with the Cabinet Member for Housing, Homelessness and Renters Security:

i)             Considers the representations made by third parties.

ii)            Agrees that the Appropriation Land is surplus to requirements and is no longer required for the purpose for which it is currently held; and

iii)           Once consideration has been given to any representations made, and, providing the appropriation land is surplus to requires as outlined, agrees that the Appropriation Land is to be appropriated for planning purposes pursuant to Planning Application Ref: 21 / 2473 and the subsequent Planning Permission obtained on 25 April 2022.

Reasons for the decision

In order to deliver the proposed 125 New Council Homes at Watling Gardens, an appropriation of land is required. This process has been ongoing and in March 2022, an application was made by the Council to the Secretary of State requesting permission to appropriate the ‘Appropriation Land’ for planning purposes, pursuant to Section 19 of the Housing Act 1985. The Secretary of State subsequently approved the application in June 2022.

The Appropriation Land would serve in the public interest as developing new council homes outweighs the impact of such a development on individuals and their rights. In addition to new homes for Brent residents, the development will also contribute to improving the standards across the Watling Gardens estate including landscaping.

The redevelopment at Watling Gardens will deliver 125 homes in total (24 shared ownership, 45 Extra Care, 43 London Affordable Rent and 13 social rent), private open space, and cycle parking.

Alternative options considered

It should be noted, if a third part is able to establish an easement or rights over parts of the Appropriation Land (the easements could include but are not limited to a right of way or right to light) then the third party could potentially prevent development of the Appropriation Land and apply for an injunction.

All outstanding interests in the land have been acquired by private treaty. The land is now vacant and there are no leaseholders, secure tenants or tenants in the premises on the Appropriation Land. The re-development will involve the demolition of 41 residential units at nos. 1-11 Watling Gardens (bungalows) and 1-30 Claire Court and the associated podium car parking and substation. All residents who previously resided in these properties have been adequately re-housed.

The effect of appropriation is therefore to facilitate the development of the Appropriation Land and to override third party rights and interests in the Appropriation Land that may exist. Third parties may be entitled to compensation for the loss of their rights.

The officers consulted with third parties that may have private rights over the Appropriation Land for a period of 8 weeks from the 18 November 2022 to 09 January 2023. In total 413 third party interests were consulted of which no Notices were returned as “Not Called For” or “Return to Sender” by the Post Office. Twelve responses were received from consultees which have been responded to by the developer and the Council.