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Agenda item

CHE S290 Woodberry Down Phase 4 Compulsory Purchase Order (CPO)

Meeting of Cabinet, Monday 26 February 2024 6.00 pm (Item 14.)

Decision:

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.

Minutes:

14.1 The Mayor confirmed that the Council placed a high priority on regeneration, which was exemplified by a Woodberry Down regeneration programme that had built new homes, a new community centre and library, commercial space, and the provision of three new parks.

14.2 Introducing the report, Cllr Nicholson confirmed that the report recommended the acquisition of the current Right to Buy homes that sat within Phase 4 of the estate regeneration project. It was hoped that the negotiations underway would ensure acquisitions without the need to utilise a compulsory purchase order, but to enable the project to move forward it was required to formally set out the Council’s intention to acquire the homes.

RESOLVED:

REASONS FOR DECISION

The reasons for the decision were included in the printed decisions, published on the 27 February 2024, and can be found here.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

Supporting documents: