Purpose

To consider the request received from Landsec for the Council to
use its powers under Section 203 of the Housing and Planning Act
2016 to facilitate delivery of the O2 masterplan planning
permission and proposed delegation of authority, if required.

Content

Consideration was given to a report of
 the Cabinet Member for Planning and a
Sustainable Camden.
 
 
 
 
 
 
RESOLVED –
 
That having due regard to the obligations set
out in section 149 of the Equality Act  2010:   
 

1.            
THAT the request from LS Finchley
Road Limited (Landsec) to enter into a land transaction to acquire
and subsequently dispose of land in order to engage the statutory
powers conferred by Section 203 of the Housing and Planning Act
2016 (“S203 powers”) as set out in Sections 1 and 2 of
this report in respect of land comprising the O2 Centre, former
Homebase site, service road (Blackburn Road) and car park at
Finchley Road NW3(“the Land”) has been considered by
the Cabinet.
 

2.            
THAT Cabinet agrees that the
Council would be prepared to enter into a transaction to acquire an
interest in the Land from Landsec under section 227 of the TCPA
1990 and subsequently dispose of that interest back to Landsec in
order to engage S203 powers for the planning purpose of
facilitating the carrying out of the development or for related
purposes subject to the following conditions being met:
 

(a)  Further evidence of the attempts made by
Landsec to remove  injunction risks through negotiation of the
release of relevant rights and interests by agreement (on
reasonable terms and within a reasonable timeframe);

(b)  A suitable deed of indemnity being in place to
indemnify the Council and

(c)  Suitable terms for the acquisition and
disposal of an interest in the Land being agreed between the
Council and Landsec and subject to appropriate mechanisms being in
place to secure the delivery of the approved public benefits
including 35% affordable housing.
 

3.                 
THAT
authority be delegated to the Director of Development following
consultation with the Cabinet Member for Planning and a Sustainable
Camden and Director of Economy, Regeneration and Investment,
Director of Finance and Borough Solicitor to decide whether the
conditions in Recommendation 2 above have been satisfied and if so
take all steps required to progress this decision to include where
necessary and justified:
 

•     
Any further decision(s) in
relation to the exercise of the Council’s powers for the
acquisition and subsequent disposal of the land interests
reasonably required to implement this decision

•     
Enter into the legal and property
agreements required to put decisions and use of relevant powers
into effect

•     
Any other related decisions
ancillary to and required to facilitate the above
recommendations
 
 Reasons
 
 For the reasons set out in the
report.