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RESOLVED:
 
1. 
Approve the draft London Borough of Hackney Woodberry
Down (Phase 4) Compulsory Purchase Order 2024 as attached at
Appendix 1 ("the Order"), the map identifying the Order Land ("the
Order Land") as attached at Appendix 2 and the Statement of Reasons
made in support of that Order and attached at Appendix 3 ("the
Statement of Reasons") and the Equality Impact Assessment Report
attached at Appendix 4.

 
2. 
Authorise the Group Director of Climate, Homes and
Economy, after consultation with the Acting Director of Legal,
Democratic and Electoral Services to make any minor changes
considered necessary to the Order, the Order Land, or the Statement
of Reasons, and to approve the schedules of land and interests to
be attached to the Order.

 
3. 
Authorise the making of the Order under Section
226(1)(a) of the Town and Country Planning Act 1990 ("the 1990
Act") and authorise the confirmation of the Order if the Council is
given the power to do so by the Secretary of State under Section
14A of the Acquisition of Land Act 1981.

 
4. 
Authorise the Group Director of Climate, Homes and
Economy after consultation with the Acting Director of Legal,
Democratic and Electoral Services, to issue notices and carry out
actions under Section 172 of the Housing and Planning Act 2016 and,
where necessary, to enter onto land and carry out surveys of any
land which the Council proposes to acquire compulsorily.
 
5. 
Authorise the Group Director of Climate Homes and
Economy  after consultation with the
Acting Director of Legal, Democratic and Electoral Services and
following confirmation of the Order, to publish and serve notice of
confirmation of the Order, together with notice of the
Council’s intention to make a General Vesting Declaration
(“GVD”), and to make one or more GVDs (and to serve all
appropriate notices in connection therewith) or to serve notices to
treat and notices of entry (as appropriate) in respect of the Order
Land.
 
6. 
Authorise the use of powers under the 1990 Act to
secure the removal of any apparatus of statutory undertakers or
communication code operators from the Order Land shown within the
red line in the map in Appendix 2.
 
7. 
Authorise the acquisition by agreement of all third
party interests in and over the Order Land under Section 227 of the
1990 Act before or after confirmation of the Order and in respect
of any new rights required for the development or use of the Order
Land.
 
8. 
Authorise the Group Director of Climate Homes and
Economy after consultation with the Acting Director of Legal,
Democratic and Electoral Services to take all necessary steps to
override  all
third party interests and rights over the Order Land under Section
203 of the Housing & Planning Act 2016, and to pay such
compensation and costs as is agreed between the parties or
determined by the Upper Tribunal (Lands Chamber).  This authorisation includes the publication and
advertisement of the Order, serving appropriate notices, seeking
confirmation of the Order, participation in a Public Inquiry (if
required), taking all necessary steps to acquire relevant
interests, and any other such steps as deemed appropriate to
facilitate the development, redevelopment or improvement of the
Order Land or to facilitate the Council’s participation in a
potential Public Inquiry.
 
9. 
Authorise the Group Director of Climate Homes and
Economy after consultation with the Acting Director of Legal,
Democratic and Electoral Services to enter into agreements and to
make undertakings, contracts and transfers on behalf of the Council
with third parties with interests in the Order Land.
 
10.Authorise the
Group Director of Climate Homes and Economy after consultation with
the Acting Director of Legal, Electoral and Democratic Services to
create new rights in favour of the Order Land with parties
otherwise affected by the Order in order to secure the withdrawal
of objections to the confirmation of the Order, including but not
limited to the removal of any land from the Order.
 
REASONS FOR DECISION
 
The decision to use compulsory purchase powers
will be as a last resort to ensure the continued delivery of the
Woodberry Down regeneration programme. A full justification of the
need for compulsory purchase powers in order to facilitate the
regeneration of Phase 4 is set out in the Statement of Reasons
attached to this report at Appendix 3. A summary of key issues has
been provided below, although this summary should not be considered
a substitute for the full text of the draft Statement of
Reasons.
 
Order Land
 
The Order Land includes:
 
· 
Finmere, Keynsham, Kilpeck, Knaresborough, Leighfield and Lonsdale Houses;
· 
Any rights over the Order Land required for the purpose of
constructing and implementing the proposed redevelopment.
 
The nature of the interests to be acquired
include those of leaseholders, freeholders, secure tenants, and any
private express or implied rights that may have been granted over
the Order Land.
 
Land referencing to identify all owners,
lessees, tenants, occupiers and other interests in the draft Order
Land has been undertaken, the details of which are included in the
Order Land and schedule contained within the draft Order. The Order
Land and the draft Order (which is attached as an exempt appendix
due to the nature of the information enclosed) has been compiled on
the basis of the land referencing information made available to
date and is subject to change. As further information is received,
the Council will update the information in the Schedule as
necessary.
 
Exercise of the Council’s powers of
compulsory purchase will ensure that all private rights, covenants
and other qualifying interests by which the Order Land is burdened,
details of which are recorded in the Schedule, will be acquired or
rendered unenforceable, thereby ensuring there is no impediment to
scheme delivery.
 
Land within the Phase 4 boundary which is not
included in the Order Land but is required for the development will
be appropriated for planning purposes pursuant to s122 of the Local
Government Act 1972 and using s203 of the Housing and Planning Act
2016 to override any interests. The appropriation for planning
purposes will require Cabinet approval to be referred at a later
date.
 
Description of the
proposed development
 
The Woodberry Down regeneration is being
delivered through a delivery partnership between Hackney Council,
Berkeley Homes and Notting Hill Genesis. The scheme is set out in
the Principal Development Agreement (PDA). Under the terms of this
contract, Hackney Council must assemble the land and provide vacant
possession for Berkeley Homes, who is responsible for delivering
the development. Notting Hill Genesis takes on the management of
all new social and affordable homes delivered through the
scheme.
 
The original masterplan for Woodberry Down was
adopted in 2007 and first updated in 2009, allowing for a five
phase programme. Phase 1 comprised five ‘kick start
sites’ and delivered a total of 1,433 homes.
 
In 2012 the masterplan was reviewed in
consultation with local residents. The revised masterplan received
planning consent in February 2014, with detailed permission for
Phase 2, for 670 homes and 550 sqm of
non-residential space, and outline permission for the remainder of
the scheme (Phases 3-8), comprising of up to 3,242 residential
units, 10,921 sqm of commercial
floorspace and the provision of a new
open space, highway improvement works to Seven Sisters Road, and an
energy centre.
 
Construction started at Woodberry Down in
March 2009, and the first residents moved into their new homes in
2011.  So far 2,317 homes have been
completed, of which 537 are for social rent and 350 are shared
ownership and shared equity. Phase 3 is under construction, with
117 homes for social rent due to complete in autumn 2024 (out of a
total 584 homes). The phase will be fully completed in summer
2025.
 
In 2021, the delivery partners agreed to
review the masterplan for the remaining phases at Woodberry Down.
The 2014 masterplan was deemed to be no longer implementable as the
timescales set in the outline permission for submission of Reserved
Matters Applications (RMAs) could not be met. It was envisaged that
a new hybrid planning application, with Phase 4 in detail and
Phases 5-8 in outline would be developed. There proved, however,
insufficient time to progress a hybrid application for Phases 4-8
without delaying the target start on site date for Phase 4. The
partners therefore further agreed to bring forward a standalone
planning application for Phase 4, with a clear timetable and
process in place for agreeing a revised masterplan. This was set
out in a Side Letter to the PDA which was approved by Cabinet in
July 2022.
 
In October 2023 a detailed planning
application for Phase 4 was submitted as a standalone application.
The application is for 511 homes, of which 90 will be for social
rent, and 132 for shared ownership/equity. In addition, the scheme
includes 1,215 sqm commercial or
community floorspace set around a new
‘central’ square, on Woodberry Grove, which is intended
to become a ‘hub’ for the Woodberry Down
development.
 
The review of the masterplan for phases 5-8 is
underway and an outline planning application is due to be submitted
in Spring 2024.
 
Berkeley Homes intends to begin development of
the Phase 4 site as soon as Phase 3 is complete. Phase 3 is due to
complete by mid 2025, and the
demolition of Phase 4 is intended to commence in summer 2025.
 
Enabling Powers
 
The Acquiring Authority is the local planning
authority for the Order Land.
 
Section 226 of the 1990 Act enables a local
authority to acquire land compulsorily for planning purposes.
Specifically, Section 226(1)(a) of the 1990 Act authorises a local
authority to exercise its compulsory purchase powers if acquiring
the land in question will facilitate the carrying out of
development, redevelopment, or improvement of, or in relation to,
the land being acquired.
 
Section 226(1)(A) of the 1990 Act prevents a
local authority from exercising its powers under Section 226(1)(a)
unless the local authority can demonstrate that the proposed
development, redevelopment or improvement is likely to contribute
to the achievement of any one or more of the following objects: the
promotion or improvement of the economic, social, or environmental
well-being of its area.
 
The Council is satisfied that the proposed use
of compulsory purchase powers will result in the redevelopment of
the Order Land in a manner which will bring about social, economic
and environmental improvements through the provision of new
residential dwellings and ancillary development. It will secure new
open market and affordable housing in place of existing poor
quality housing, thus securing both quantitative and qualitative
improvements to the housing stock within the Borough.
 
The Acquisition of Land Act 1981 (as amended
by the Planning and Compulsory Purchase Act 2004) sets out the
process for compulsory acquisition and therefore applies to the
Order. The acquiring authority is the Council.
 
The “Guidance on Compulsory Purchase
Process and The Crichel Down Rules for
the Disposal of Surplus Land Acquired by, or under the Threat of,
Compulsion” (2019) (“the CPO Guidance”),
recognises that the power in Section 226 of the 1990 Act provides a
positive tool to help local authorities with planning powers to
assemble land and implement proposals in their local plan or where
a strong planning justification for the use of the power
exists.
 
Among other things, the CPO Guidance states
that land assembly must be in accordance with a clear strategic
framework which is founded on an appropriate evidence base, and
which has been the subject of consultation. The Council is
confident that this is the case for Woodberry Down Phase 4.
 
Purpose and
Justification for Seeking to Compulsory Acquire the Legal Interests
in the Blocks and Individual Properties
 
Phase 4 is the fourth phase in an eight phase
redevelopment programme for the Woodberry Down Estate, with Phases
1 and 2 complete, and Phase 3 well underway. As such it is a
critical part of the programme which once developed will unlock the
subsequent four phases of the comprehensive regeneration of the
estate by providing new social rented homes to assist with
rehousing residents from future phases.
 
In addition the
proposals for Phase 4 include a new public square, which will
provide a civic hub for the whole of Woodberry Down. The Cultural
Strategy, that was submitted as part of the Phase 4 planning
application, highlighted the Central Square as being a significant
opportunity for the public realm to reflect the local community and
heritage of Woodberry Down through elements designed through a
community co-design process.
 
In economic terms, the proposed redevelopment
will deliver a sustainable mix of high quality new properties for
outright sale, social rent and shared ownership. The existing
properties are very costly to maintain and offer no opportunities
for shared ownership.  The new
affordable homes 
will be maintained by Notting Hill Genesis, and the
properties will be more cost effective for occupiers to heat. The
shared ownership/shared equity properties will also provide
opportunities for home ownership for existing and local residents
who cannot afford to purchase a home outright on the open
market.  The construction of the
development will offer a number of local employment benefits from
apprenticeships to work experience placements. Local employment
targets will be embedded in the construction contract to ensure the
contractor/developer provides these much needed local employment
opportunities. Furthermore the new
commercial/community floorspace
represents opportunities for new local employment.
 
In social terms, the new development will be
of vastly improved design compared to the existing estate and will
deliver a mixed and sustainable community. The detailed building
designs for the new development will deliver higher quality
housing, which is safe and secure, and provides both privacy and
defensible space. Buildings will be integrated into the streetscape
and safer, more accessible open areas, incorporating play and
amenity for all age groups, will be provided. A communal garden
with landscaping and play features, will serve all residents of the
new blocks, regardless of tenure.
 
The proposed new development will deliver
significant environmental benefits, including high quality,  sustainable new
housing, using sustainably sourced and recycled materials,
alongside well designed public realm. Whilst the new development
will be of a higher density than at present, it provides an
opportunity to improve the quality of the Estate environment
through tree planting, improved landscaping, and substantial cycle
parking, creating environmental improvements alongside the social
and economic benefits described above. The proposals will also
deliver a biodiversity net gain.
 
The Council has a long and established
reputation for large-scale, estate-based regeneration. Over the
last two decades it has successfully transformed a number of large,
deprived, mono-tenure estates into thriving mixed tenure
communities. In addition to Phases 1 and 2 of Woodberry Down,
successes include the redeveloped Colville, Holly Street,
Haggerston West, Kings Crescent and
Tower Court Estates.
 
The Council holds the freehold of the majority
of the Order Land. However of the two
hundred properties in Phase 4, fifty six had been acquired on a
leasehold basis through the ‘Right to Buy’ at various
locations across the Order Land: at the point when the Council
commenced actively seeking to buy back properties in conjunction
with the potential CPO, there were forty one remaining leasehold
properties (fifteen having been previously acquired by the
Council). The Council seeks to acquire all the necessary interests
by private agreement within a reasonable timescale, having already
completed or agreed terms on thirteen properties, and with nineteen
further offers in negotiation (at the time of writing).
 
It is recognised that it may not be possible
to reach agreement by negotiation in all cases. In such cases the
Council will need to exercise its compulsory purchase powers in
order to acquire the legal interests of leaseholders and
freeholders, as well as any other rights and interests required,
together with adjoining roads and any private rights, including the
rights of utilities, within the redline boundary of the Order Land
as shown on the map. Even if the Order is confirmed, exercising
those powers will remain a last resort and negotiations will be
ongoing throughout the process.
 
The Council therefore seeks to make the Order
so that it can, if necessary, compulsorily acquire the interests
required to enable implementation of the proposed development.
 
The Council has already successfully acquired
a number of leasehold and freehold interests across the estate by
negotiation and, on previous phases, by using its powers of
compulsory purchase. For the reasons outlined above, failure to
acquire the remaining interests in Phase 4 would seriously
jeopardise the programme and delivery of the regeneration project.
Compulsory purchase powers will enable the regeneration to progress
in accordance with a managed programme, providing certainty for
site assembly and the implementation of the scheme. This will
enable the Council’s regeneration objectives for the Order
Land and for the wider Borough to be achieved. The use of
compulsory purchase powers is therefore considered by the Council
to be necessary and justifiably in the public interest.
 
It is the Council’s view that there is a
compelling case in the public interest to acquire all of the
remaining third party interests in the Order Land.
 
Re-housing
residents
 
The table below illustrates the position as at
December 2023 regarding the re-housing of secure tenants and the
acquisition of leasehold properties in Phase 4.
 
Table 1 – No. of remaining secure
tenants and leaseholders as at 31 December 2023:
 

Block/Property

Secure Tenants

Leaseholders

Voids/

Non-secure

Other

Finmere House

5

9

31

 

Keynsham House

7

8

20

 

Kilpeck House

1

9

25

 

Knaresborough House

9

2

22

1

Leighfield House

5

5

15

 

Lonsdale House

3

2

20

 

Total

30

35

133

1

 
Consultation with residents, stakeholders and
the wider community has taken place since proposals for the
regeneration of Woodberry Down were first reviewed by Cabinet in
November 2002. The Council has sought to encourage all residents to
participate in consultation regarding the future of Woodberry Down.
Consultation has included steering group meetings, surgeries, site
visits and other organised events as outlined in the Statement of
Reasons found at Appendix 3 of this report. The representative
resident group, the Woodberry Down Community Organisation (WDCO),
has been involved in all aspects of the regeneration since the
beginning of the project, and has an effective and positive working
relationship with all partners.
 
Leaseholders
 
At Woodberry Down, the original leaseholder
and freeholder offer document was approved at Cabinet in July 2007.
This included a range of options such as leasehold swap, shared
equity and shared ownership. This document has been updated a
number of times since then to reflect changes in legislation and
minor amendments in Council policy, and to reflect improvements in
the shared equity offer.
 
The most recent update of the Council’s
Woodberry Down Leaseholder and Freeholder Options Document was
issued in Autumn 2022. The revised document provides a detailed 4
step guide to the buy-back process as well as an explanation of the
CPO and related compensation. It offers all resident leaseholders
opportunities to remain on the estate through the offer of shared
equity in one of the properties newly built as part of the
regeneration.
 
Throughout the regeneration programme,
leaseholders in Phase 4 have had the opportunity to participate in
consultation events and have been provided with regular updates
through community events, WDCO Board meetings, Regeneration
meetings involving WDCO representatives (such as the Design
Committee and Round Table), and newsletters.
 
In July 2022 the Council’s Cabinet
authorised preparation of a CPO, buying back of leaseholder
properties and awarding compensation to leaseholders.
 
The Council’s Woodberry Down
Regeneration Team has provided regular updates alongside specific
information sessions since 2022. In June 2022 a letter was sent to
all Phase 4 leaseholders with an update about the likely next steps
in relation to a CPO and buying back properties. Further to Cabinet
authority to commence these processes, a ‘notification
letter’ was sent in September 2022, to inform leaseholders
that the Council was now actively seeking to buy back properties,
commence preparation of a CPO, and was able to pay compensation to
leaseholders upon completing buy backs. Three information sessions
were held during the autumn, with a presentation and opportunity
for questions and discussion. The updated Leaseholder and
Freeholder Options Document was also provided to all
leaseholders.
 
The offer of shared equity is where a
leaseholder who lives in their property as their only or main
residence, is eligible to purchase a share of a newly built flat by
investing the equity from their current property together with
their compensation paid when the Council buys back their property.
The remaining value of the new property, since the new flats have a
higher market value than the existing ones, is retained by Notting
Hill Genesis. However, unlike with shared ownership, there is no
rent to pay on the portion of the property that is not owned by the
leaseholder. This enables resident leaseholders who may wish to
remain living in Woodberry Down to do so. The shared equity offer
is set out in detail in the Options Document, and has been
subsequently highlighted and explained in communications to
leaseholders. Information and marketing sessions were held in July
and August 2023: working with NHG, details of the new properties
were provided, to enable leaseholders to understand the options
available, and next steps.
 
On 5 October 2023 a further detailed update
letter was sent to all leaseholders advising again on timescales
and options and explaining the need to engage prior to pursuing the
CPO.
 
Each of the letters sent to leaseholders took
the opportunity to include contact details for relevant staff, and
promote the services of the Independent Tenant and Leaseholder
Adviser (ITLA), which as well as being contactable by telephone and
email, holds twice weekly 4 hour long drop-in sessions. In
addition, translation of all materials circulated to leaseholders
was offered, and was provided in Turkish as standard. A Turkish
translator was also present at all information sessions, due to
there being a number of resident leaseholders who are known to be
Turkish speaking. 
 
Since the commencement of the buyback process
- when the ‘notification letter’ was sent in September
2022 - the Regeneration Team, working with the ITLA and Acquiring
Agent, has made contact with all leaseholders.  As of October 2023, 6 properties have been bought
back, a further 7 have been agreed and are under legal instruction,
and 19 offers have been made. The Regeneration Team and Acquiring
Agent are actively and frequently reaching out to individuals as
part of the engagement programme.
 
Of the forty one
leaseholders at the start of the Phase, thirteen lived in the
properties as their sole or main home, and twenty eight were
non-resident, often renting their properties privately. Throughout
the engagement with leaseholders tailored information has been
provided to resident and non-resident leaseholders, and relevant
contact details for non-resident leaseholders has been established,
through a combination of existing records, active outreach and the
land referencing process. Where a non-resident leaseholder has a
tenant, it is their responsibility to keep the tenant informed and
to serve the relevant notices. However
the Council has also provided communications to all residents
living in the blocks, and has shared contact details for the
Regeneration Team and Housing Services if private tenants have
questions or concerns about their housing circumstances.
 
As described above, in February 2023 all
leaseholders received the Request for Information and Equality
Impact Assessment pack, including detailed cover letters providing
information specific to resident and non-resident leaseholders. The
letter of 5 October 2023 noted above also provided an explanation
of the IDN, in addition to the detailed update on the progress of
the CPO, options and next steps.
 
Secure Tenants
 
Secure tenants in Phase 4 were granted Decant
Status in February 2022 following Cabinet approval. Decant Status
allows tenants who wish to move away from Woodberry Down to bid for
properties off the estate. It also increases their priority for
rehousing and entitles them to receive Home Loss and Disturbance
payments.
 
The Woodberry Down Regeneration Team, working
with the Council’s Decant Team, has undertaken a rigorous and
detailed consultation process with secure tenants, including seven
drop-in sessions from June 2021, pre-allocation confirmation
letters, a secure tenant offer document revised in May 2022 and the
phasing document referred to in 8.6 hand delivered in autumn 2022.
Secure Tenants are offered a range of re-housing options and
assistance with moving, including support and advice from the ITLA.
All options have now been agreed with a planned September 2024 move
programmed for 30 tenants (3 have left the estate by choice). Each
Secure Tenant is allocated to a Decant Officer, who provides a
regular point of contact and supports individuals through the
allocation and rehousing process.
 
In February 2023 Secure Tenants received the
Request for Information and Equality Impact Assessment pack, with a
detailed cover letter providing details specific to this tenure. In
autumn 2023 an Initial Demolition Notice (IDN) was delivered to
individuals, together with a cover letter explaining the IDN and
providing a wider update about the regeneration and CPO.
 
Non-Secure Tenants
and Private Tenants
 
The Council has engaged in extensive
consultation with all residents at Woodberry Down. This has
included open meetings and surgeries which have been advertised to,
and open to, all residents. The ITLA is available to support and
advise all private tenants. As above, the phasing booklet was
temporarily delivered to all addresses across the estate.
 
Homeless applicants placed in temporary
housing - non-secure tenants - are supported by the Council’s
Downsizing and Rehousing Team (DART). DART wrote to all residents
in Temporary Accommodation in Phase 4, in February 2023, to inform
them that the Council is progressing with the regeneration, and
that they would be required to move. The letter provided contact
details, and information about the process of finding a new home.
These residents are eligible to bid for a Council property, and
where successful will be given a Secure Tenancy.
 
In February 2023 residents in Temporary
Accommodation and Private Tenants also received the Request for
Information and Equality Impact Assessment pack, as described
above, including detailed cover letters providing information
specific to these groups, including contact details for the
Council’s Housing Advice. In autumn 2023 a further letter to
update residents in Temporary Accommodation about the progress of
the CPO and the IDN was provided.
 
In respect of private tenants, all
communications with leaseholders, who let their property, include
reference to it being the leaseholder’s responsibility to
inform private tenant(s) about the CPO and to serve them with the
correct notices. Contact details for the Council’s Housing
Advice team are provided.
 
Human Rights
 
The Human Rights Act 1998 places direct
obligations on public bodies such as the Council to demonstrate
that the use of compulsory purchase powers is in the public
interest and the use of such powers is proportionate to the ends
being pursued.
 
It is acknowledged that the compulsory
acquisition of the Order Land or the creation of new rights may
amount to an interference with the human rights of those with an
interest in the Order Land. Rights likely to be impacted include
the right to peaceful enjoyment of possessions (Article 1) and the
right to respect a person’s private and family life, their
home and correspondence under Article 8 of the European Convention
on Human Rights (“ECHR”). Residents whose rights are
affected will also have a right to a fair and public hearing under
Article 6.
 
For the reasons outlined in 4.1 of this Report
and the Statement of Reasons, the Council considers that the use of
compulsory purchase powers to achieve the regeneration objectives
for Phase 4 of Woodberry Down is proportionate to any interference
with the above rights. Further, there is a compelling case in the
public interest for the redevelopment and therefore for the
compulsory acquisition of the interests within the Order
Land. 
 
In respect of Article 6, any owner, lessee or
occupier of land included in the Order will be notified and may
have the opportunity to make representations to the Secretary of
State and to be heard at a Public Inquiry before a decision is made
as to whether or not the Order should be confirmed, and would in
any event have legal rights under the Acquisition of Land Act 1981
to challenge any CPO made on the relevant statutory grounds.
 
Withdrawal of Right
to Buy / Demolition Notices
 
Initial Demolition Notices (IDNs) have been
served on secure tenants in Phase 4 in accordance with the
provisions of Section 138a and Schedule 5a of the Housing Act 1985,
as amended by the Housing Act 2004, to prevent the Council from
having to complete Right to Buy sales of properties within the
Order Land. Schedule 5a sets out what must be included in the IDN,
including the intention to demolish, the reasons for demolition,
and identifying the period within which the landlord intends to
demolish. The period set out in the IDN to carry out the demolition
of the relevant properties cannot in any case expire more than five
years after the date of the service of the Notice. The Council
intends to serve Final Demolition Notices at the appropriate
time.
 
Planning
Position
 
A detailed, standalone Planning Application
for Phase 4 was submitted to the Council on 9 October 2023
(2023/2371). A decision is due in Spring 2024.
 
The masterplan for Woodberry Down is currently
being reviewed. The original intention was for a hybrid Planning
Application to be submitted, with outline permission for Phases 5 -
8 and detailed permission for Phase 4. However due to programme
difficulties and a risk of an overall delay to Phase 4 it was
agreed that Phase 4 be separated from the masterplan, to allow
sufficient time to be given to the detail of the Phase 4 designs.
The masterplan Planning Application is currently out for public
consultation, and is due to be submitted in spring 2024.
 
Whilst Phase 4 stands alone from the
masterplan, it is consistent with the design principles established
for the new masterplan and is proposed in the context of the
overall Woodberry Down regeneration.
 
Land Referencing
 
The Order will include all occupiers and all
interests that are included within the red line area identified on
the Map at Appendix 2. All parties with an interest in the land,
including tenants and residents in temporary accommodation, have
been written to as part of the land referencing process that
precedes the making of the Order and all names and addresses will
be included in the Schedule to the final Order. 
 
Appropriation of
Land for Planning Purposes
 
The Council intends to appropriate the Order
Land for planning purposes under Section 122 of the Local
Government Act 1972 once it is no longer required for its current
purpose. The Order Land will then benefit from the operation of
Section 203 of the Housing and Planning Act 2016, which overrides
existing rights that could prevent the development of the land from
proceeding.
 
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND
REJECTED
 
Vacant possession of the Order Land is
required in order for the redevelopment to be delivered. Vacant
possession can only be achieved by acquiring the necessary
leasehold and freehold interests that exist. The Council has and
will continue to attempt to acquire these interests by negotiation,
however, this may not be possible in all cases. Where agreement by
negotiation is not possible the only other option is to acquire the
interests through the exercise of the Council’s powers of
compulsory purchase.
 
Refurbishment is not an option as the current
condition of the properties is generally poor and any refurbishment
would be very expensive but still fall short of modern standards.
This is detailed in earlier Cabinet reports, in particular the
Cabinet Report of 4 November 2002, where 5 options for the
Woodberry Down Estate, including demolition, were first put
forward. The Council subsequently concluded that the demolition of
the Estate and its replacement with modern residential
accommodation, was the best and most cost effective option. This is
reflected in the Woodberry Down site allocation in LP33, and
further supported by building surveys conducted as part of the
Phase 4 planning application.
 
Doing nothing is not an option as failure to
secure vacant possession on Phase 4 would jeopardise the ability to
realise the full vision of the Woodberry Down regeneration. Phase 4
is crucial to the overall development, by providing a central civic
hub for Woodberry Down, with new shops, public space and services.
Furthermore, delivery of the remaining phases (Phases 4-8) mean
that Council tenants in Phases 6 and 7 in Woodberry Down have an
opportunity to move into a new home earlier than would be possible
if Phase 4 is not delivered. Therefore, the redevelopment is vital
in order to complete the wider programme and realise the associated
benefits.