Approval to deliver Council homes and let construction contract within Sir Frederick Messer Estate boundary N15

October 21, 2025 Cabinet (Cabinet collective) Approved View on council website

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Summary

...to approve the construction of sixty-six council homes on the Sir Frederick Messer Estate, including the appointment of a contractor, appropriation of land, and overriding of easements, to progress the development.

Full council record
Content

DECLARATIONS OF INTEREST FOR ITEM:
 
None
 

RESOLVED:
 
That Cabinet:
 
1.   
Approved the appointment of the recommended contractor (A)
identified in the exempt part of the report to undertake the new
build works to provide a total of sixty-six council homes on the
land at the corner of Seven Sisters and St Ann’s Road, N15
6NP for a total contract sum of £24,610,387 and approves the
on costs and client contingency sum set out in the exempt part of
the report. This is in accordance with Contract Standing Order
(CSO) 2.01 c).

2.   
Approved the issuance of a letter of intent to allow Haringey
Council to incur expenditure for either 10% of the contract value
or £100,000, whichever is the higher figure.

3.   
Approved the appropriation of land at the corner of Seven Sisters
and St Ann’s Road shown edged red on the plan titled
‘Development Plan’ attached at Appendix One, from
housing purposes to planning purposes pursuant to section 122 of
the Local Government Act 1972.

4.   
Approved the use of the Council’s powers under Section 203 of
the Housing and     
Planning Act 2016 to override easements and other rights of
neighbouring properties          
infringed upon by the Sir Frederick Messer Estate, N15 6NP
development, under planning permission Ref:
HGY/2024/3315.

5.   
Delegated to the Director of Capital Projects and Property, after
consultation with the Corporate Director of Finance and Resources
and the Cabinet Member for Housing and Planning (Deputy Leader),
authority to make payments of compensation for any valid claims of
third-party rights affected by the development as a result of
recommendation

6.   
Approved the appropriation of land at corner of Seven Sisters and
St Ann’s Road, N15 shown edged red in the plan titled
‘Development Plan’ attached at Appendix One, from
planning purposes back to housing purposes under Section 122 of the
Local Government Act 1972, after practical completion of the
development scheduled for November 2027.

7.   
Approved the total scheme costs including: on costs, works,
interest, contingency and other costs to the value as set out in
detail in the exempt part of the report.

8.   
Considered the engagement and consultation carried
out on this proposed scheme set out in section seven of this
report.
         
 

Reasons for decisions
 
The site known as Sir
Frederick Messer Estate, was approved by Cabinet on 21st
January 2020 to be included in the Council housing delivery
programme. This scheme was granted planning consent on 28 August
2025 and is ready to progress to construction. This report
therefore marks the third, and final, Cabinet decision to develop
on this site.
 
Following a formal
tender process, a contractor had been identified to undertake these
works.
 
There
are no reasons for the Council to believe that any third-party
rights would be infringed by the development. The scheme has
received planning permission, and no concerns about the loss of
rights were raised during extensive local engagement and consultation with
residents.   Appropriation of the
development site for planning purposes is recommended to clear the
path for development. It will allow the Council to use the powers
contained in Section 203 Housing & Planning Act 2016 to
override easements and other third-party rights that may be
infringed by the development and will prevent injunctions that
could delay or prevent the Council’s proposed development.
Section 203 converts the right to seek an injunction into a right
to compensation. Under Recommendation 3.6 the site will be
appropriated back from planning purposes to housing purposes on
completion of the development to enable the Council to use the land
for housing and let sixty-six new Council homes.
 
The
proposed development
site shown edged red on the plan comprises the area of grassed area
in front of Henrietta and Oatfield. The site proposal will provide
sixty-six much needed Council homes in two six-storey buildings. In
conjunction with the housing development a number of landscape and
amenity improvements are proposed including play facilities,
additional trees, planting, seating areas and CCTV.
 
These
sixty-six homes will also contribute to the Council’s
commitment to start 500 homes on site as part of the GLA 21-26
Affordable Homes Programme and the Council’s political
aspiration to build 3000 Council homes by 2031.

 

Alternative options considered
 
It
would be possible to not develop this site for housing purposes.
However, this option was rejected as it does not support the
Council’s commitment to deliver a new generation of Council
homes. This option would also represent a lost opportunity to gain
critical GLA funding to support delivery of news homes.
 
This
opportunity was procured via the LCP Dynamic Purchasing System
(DPS) using the JCT Design Build Contract 2016 with amendments, the
route recommended by Strategic Procurement for a contract of this
value.  An alternative option would have
been to run a competitive tender via the Council’s LCP Major
Works Housing Framework. This option was rejected due to a poor
response following an expression of Interest process, and a
soft-market engagement exercise signifying increased interest from
contractors outside of the framework.
 
The Council could continue with
the scheme without appropriating the site for planning purposes,
but this would risk the proposed development being delayed or
stopped by potential third-party claims. By utilising the powers
under Section 203 of the Housing and Planning Act 2016 (HPA 2016),
those who benefit from third party rights will not be able to seek
an injunction since those rights or easements that are overridden
are converted into a claim for compensation only. The Council
recognises the potential rights of third parties and will pay
compensation where a legal basis for such payments is established.
The housing delivery team actively engaged with local residents
about the development of this site as the scheme proceeded through
the feasibility and design stages and any comments or objections
raised were taken into consideration by Planning Committee in
reaching its decision.
 
The Council could
decide not to appropriate the land for housing purposes upon
practical completion of the building works. This option was
rejected because it could prevent the Council from being able to
offer up these homes for occupation as social housing thereby not
supporting the delivery of much needed affordable homes.
 

Related Meeting

Cabinet - Tuesday, 21st October, 2025 6.30 pm on October 21, 2025

Supporting Documents

Cabinet Paper_Sir Fred Messer_002.pdf
Appendix One_Redline Boundary.pdf
Appendix Four_S105 Results.pdf

Details

OutcomeRecommendations Approved
Decision date21 Oct 2025