Purpose

Recommendation to resolve to use CPO powers to
ensure vacant possession of the first demolition block

Decision

DECISION: The Cabinet agreed to:
 
i. Approve the making of the Order (draft
Order and Schedule (phases 0-1) included at Appendix 1) to acquire
all land and rights within the land edged red on the Order Map
(draft Order Map included Appendix 2), comprising Wadham House, for
housing purposes pursuant to the powers contained in section 17 of
the Housing Act 1985. The Order will enable the Council to demolish
Wadham House and construct new housing accommodation on the site,
and adjacent Council owned land, so as to achieve a quantitative
and qualitative housing gain following confirmation of the
Order.
ii. Delegate authority to the Executive
Director of Housing and Regeneration in consultation with the
Director of Law and Governance as follows:
a. To make all necessary changes, as
appropriate to the draft Statement of Reasons (included at Appendix
3) and any adjustment to the Order Schedule and Order Map and take
all necessary steps to make, serve and implement the Order, to
pursue its confirmation by the Inspector, Secretary of State (or
the Council) and to implement the Order as may be necessary (these
steps are set out in sections 47 - 58 of this report);
b. To finalise and confirm the Order documents
prior to making the Order;
c. To make General Vesting Declarations
(‘GVD’s’) under the Compulsory Purchase (Vesting
Declarations) Act 1981 and/or to serve notices to treat and notices
of entry (if required) following confirmation of the Order;
d. To issue and serve any warrants to obtain
possession of property acquired by the Council following the
execution of a GVD or service of a notice of entry relating to the
Order if it is considered appropriate and necessary to do so;
and
e. To acquire third party interests in the
land within the Order either by agreement or compulsorily.
iii. Approve the appropriation of the land
edged red on the plan attached at Appendix 4 of this report for
planning purposes to enable delivery of phases 0 - 1 of the Estate
masterplan, pursuant to section 122 of the Local Government Act
1972, subject to:
a. Secretary of State consent being granted,
pursuant to section 19 (2) of the Housing Act 1985; and
b. the Council being registered as the owner
of the freehold interest in the land shaded blue on the plan
attached at Appendix 4. If any of the land shaded blue cannot be
registered, delegate authority to the Executive Director of Housing
and Regeneration to remove any of the land shaded blue from the
extent of the land to be appropriated.
iv. Delegate authority to the Executive
Director of Housing and Regeneration to consider any
representations made in response to the land appropriation
statutory consultation process, and to decide whether to continue
with the appropriation in light of any representations received. If
the decision is made to proceed with appropriation, section 203 of
the Housing and Planning Act 2016 may then be engaged to override
any rights or covenants (to which section 203 applies).
v. Delegate authority to the Executive
Director of Housing and Regeneration to approve the payment of any
statutory compensation that may be due to affected parties if
section 203 powers are engaged.
vi. Note the following Key Decisions relating
to the Joyce and Snell’s Estate Regeneration project which
were approved by the Strategic Director of Housing and
Regeneration:
a. KD5759 19th July 2024 - Appointment of a
Principal Contractor at Joyce Avenue and Snell’s Park at
first stage tender to deliver an enabling works contract and
pre-contract services agreement design package and second stage
tender estimate.
b. KD5614 21st February 2024 - To approve that
the Council enter into a Land Fund Grant Agreement with the Greater
London Authority (‘GLA’) and accept the allocation sum
of £50m to acquire resident, non-resident leaseholder and
freeholder interests across the two estates, for the purposes of
enabling the Joyce and Snell’s regeneration programme.