Purpose

Recommends appropriation to planning, key
acquisitions and a lease out of land and property in the Custom
House and Canning Town Estate Regenerations

Decision

For the reason set out in
the report and its appendices Cabinet RESOLVED to AGREE:
 

i) 
In relation to the appropriation of the land for planning
purposes:

 

a) 
to acknowledge that the purpose of the appropriation is to enable
the use of Section 203-206 of the Housing and Planning Act 2016 to
override all third party rights and interests that are a constraint
to the development of the Land subject to the conditions in section
203 being satisfied

 

b) 
that the land outlined in red on the two Plans at Appendix 1
(“Land”) is no longer required for the purposes for
which it is currently held (vacant housing land);
 

c) 
 to agree and delegate power to the
Corporate Director of Resources in consultation with the Lead
Member for Finance and Corporate Services pursuant to paragraph 5
below to:

· 
Implement the appropriation of the Land for planning purposes under
s122(1) of the Local Government Act 1972;

· 
Deal with all matters related or incidental to the appropriation of
the Land

 

ii) 
Subject to (i), to delegate authority to
the Corporate Director of Resources in consultation with the
Lead Member for Finance and Corporate Services to determine when the Land will no longer be required
for planning purposes, and to decide whether to approve the
appropriation of the Land for housing purposes under section 19(2)
of the Housing Act 1985 and section 122(1) of the Local Government
Act 1972;

 
iii) 
That authority is delegated to the
Corporate Director of Resources in consultation with the Lead
Member for Finance and Corporate Services to determine and
implement a further appropriation of the Land back to housing
purposes and to deal with all matters related or incidental to the
appropriation of the Land;
 

iv) 
To agree the purchase of the freehold interests in 74-76 Rathbone
Street, London E16 1JQ and the GP Surgery 16, Freemasons Road,
London E16 3NA as shown edged red on the plans at Appendix 2 and on
the terms set out in Appendix 4.
 

v) 
To delegate authority to the Director of Property to finalise the
terms of the purchases in (iv) above in accordance with the terms
set out Appendix 3 and to agree any non-material amendments
including delegation to agree changes to price of up to 10% to the
transactions and to take all necessary actions to complete the
freehold transfers, together with any necessary ancillary
agreements.
 

vi) 
To approve the Council entering into an Agreement for Lease with
Health and Care Space Newham Limited based upon the draft Heads of
Terms set out in Appendix 3;
 

vii) 
To delegate authority to the Corporate Director of Resources, in
consultation with the Lead Member for Finance and Corporate
Services to finalise, agree and complete the Agreement for Lease,
Lease and associated ancillary legal agreements with Health &
Care Space Newham Limited.
 
Alternatives
Considered
 

i) 
Appropriation
 
To proceed with the
development without appropriation to Planning presents a greater
risk that a claimant could come forward and try to exercise their
rights by way of legal challenge which might frustrate the building
or subsequent use of the new housing

 

ii) 
The Key acquisition

 
Not
to proceed with the transactions is not recommended because it
would forego the opportunity to redevelop as part of the
Regeneration programme for the delivery of quality affordable
housing and public realm.
 
 

iii) 
The Lease to H&CSN

 
Not
to proceed with the transaction is not recommended because it would
forego the opportunity to redevelop a new health centre in
partnership as part of the Regeneration programme.