Agenda item

16.1  Deputy Mayor Nicholson introduced the report.

RESOLVED:

Cabinet:

  I.  Awarded decant status to all secure tenants living at Trinity Court, as shown in the plan at Appendix 1 of the published report, and to start the decant process for those residents;

  II.  Agreed to serve and publish an Initial Demolition Notice for Trinity Court and to publish and serve a Final Demolition Notice in the event of securing planning consent for the redevelopment proposals;

  III.  Authorised the preparation and service of any necessary legal and ancillary documentation required to secure possession of the residential dwellings and business units at Trinity Court in accordance with Schedule 2 of the Housing Act 1985 and Section S30(1) of the Landlord and Tenant Act 1954;

  IV.  Authorised the Director, Regeneration and the Director of Legal & Governance to deal with all necessary arrangements to enable the serving and publication of the Notices set out in this report and to complete the resident decant and demolition process.

REASONS FOR DECISION

Trinity Court comprises six maisonette flats and five business units (two of which have been knocked into one), as shown in the plan at Appendix 1 of the published report. One maisonette has recently been bought back from the leaseholder, returning it to council ownership. The remaining five households are Hackney Council tenants. Redevelopment of the Trinity Court site will enable the Council to provide around 40 new homes and nearly 600 square metres of non-residential space in its place, as part of the second phase of development at the De Beauvoir Estate (DB2). This would result in an improved scheme, as it will replace a tired building at the entrance of the estate and facing directly on to Downham Road.

The new building will make more efficient use of space through provision of a new, modern block that will provide an anticipated additional 34 homes compared to the current one. It will also create a new, live frontage to the entrance and internal route through the estate by replacing the current row of blank rear yard walls, with new commercial space and a communal entrance and glazed hallway at ground floor level.

Assigning decant status to Trinity Court will enable the Council to continue to engage with the households impacted by this proposal through the established decant (rehousing) process. This includes: carrying out a future housing needs assessment, discussion of the range of rehousing options available and access to an independent tenant advisory service throughout the process. Residents will also receive home loss payment and be reimbursed for their reasonable moving costs. The terms of the Council’s offer were set out to residents in a Landlord Offer document, attached for information at Appendix 2 of the published report, prior to conducting the ballot.

Placing an Initial Demolition Notice (IDN) on Trinity Court will suspend any current and future Right to Buy (RTB) applications by the five Council tenant households living in Trinity Court. Tenants can still make a RTB application, but the Council is not obliged to take the application forward during the Notice Period, and the tenant’s claim ceases to be effective if a Final Demolition Notice (FDN) is placed on the block. The Council can set the IDN period up to a maximum of seven years. Schedule 5A of the Housing Act 1985 as inserted by clause 182 of the Housing Act 2004 and amended by the Housing and Regeneration Act 2008 provides the Council with the authority to place the IDN and FDN on the block.

A Final Demolition Notice will be issued to secure tenants and business occupiers if planning permission is granted for the redevelopment scheme. This notice can last up to two years.