Purpose

This report seeks the authority required to enable phase 4 and 5 of the Woodberry Down regeneration programme to proceed in line with the Council’s legal obligations contained within the Principal Development Agreement (PDA) for Phases 2 - 8.

Decision

RESOLVED:

1. To approve the appropriation of land for planning purposes under section 122 of the Local Government Act 1972 of the land known as Woodberry Down Phase 4 shown outlined in red on the plan at Appendix 1, and authorise the Group Director of Housing, Climate and Economy and the Group Director of Finance and Resources to effect the appropriation.
2. To approve a long lease of 999 years of the land known as Woodberry Down Phase 4 (shown outlined in red on the plan at Appendix 1) to Berkeley Homes, subject to being compliant with S123 of the Local Government Act 1972.
3. To authorise the service and publication of Initial Demolition Notices to suspend Council tenants ‘Right to Buy’ in relation to secure tenancies in Phase 5, as set out in the plan in Appendix 2, under Section 138A and Schedule 5A of the Housing Act 1985 as amended by the Housing Act 2004.
4. To approve Award Decant Status to secure tenants living in blocks within Phase 5, as set out in the plan in Appendix 2 of the report.
5. To authorise the preparation of the necessary legal and other documentation required to make a Compulsory Purchase Order (CPO) for Phase 5.
6. To delegate authority to the Group Director, Housing, Climate and Economy to negotiate and enter the Woodberry Down Development Compulsory Purchase Order Indemnity Agreement for Phase 5 with Berkeley Homes as set out in the Report.
7. To delegate authority to the Director of Regeneration, Economy and Housing Development to update the Secure Tenants’ Offer Document and Leaseholders’ Offer Document to reflect current legislation, programme and process, in order to implement the recommendations, set out in this report.
8. To approve the payment of home loss and disturbance payments to secure tenants in Phases 6 - 8 who move into homes that are newly built as part of Woodberry Down, or homes which have already been built in earlier phases of the Woodberry Down redevelopment.
9. To delegate authority to the Group Director of Housing, Climate and Economy and the Group Director of Finance and Resources to agree to the market value purchase, with vacant possession, of leasehold properties in Phase 5 of the Woodberry Down regeneration scheme, and the award of compensation to the leaseholders affected by the purchase.
10. To authorise the Director of Legal, Democratic and Electoral Services to settle, agree and enter into all documentation necessary for the transactions included in this report. 

REASONS FOR DECISION

This report seeks the authority required to enable Phases 4 and 5 of the regeneration programme to proceed in line with the Woodberry Down Principal Development Agreement (PDA).

The PDA sets the obligations for the delivery of the Woodberry Down regeneration scheme, between the development partners who are, the Council (the land owner), Berkeley Homes (the developer), and Notting Hill Genesis (NHG) (the housing association). As set out in the PDA, the Council is responsible for gaining vacant possession of the land, Berkeley Homes are responsible for progressing design, planning and construction of each phase of the scheme, and NHG are responsible for acquiring and managing all of the new affordable homes.

This report seeks approval for specific matters relating to the Council's responsibilities as set out in the PDA to ensure that the regeneration scheme can continue and progress as planned.