Decision details

It is recommended that the Joint Head(s) of Housing Development approves the fee of up to £10,576.77 plus VAT for a BAPA with Network Rail on the Mallard Place (Chocolate Factory Phase 2) development, in addition to noting the terms of the agreement and all key activities associated to take the scheme up to a planning submission as allowed under 18.01.2 d). i and iii, 18.01.3, 18.01.4 b).

The Mallard Place site has been designated by Haringey Council for the direct delivery of new Council homes. The project requires a BAPA throughout the design stage of the scheme from RIBA Stage 1 to 3.
The approval of a Basic Asset Protection Agreement (BAPA) with Network Rail is crucial for advancing the new housing development scheme to the planning stage. This agreement ensures that all design and construction activities are coordinated with Network Rail to prevent any disruptions to rail operations and to safeguard the integrity of the railway infrastructure. By securing a BAPA, we can mitigate potential risks, comply with regulatory requirements, and demonstrate our commitment to safety and collaboration. Additionally, this approval will facilitate smoother project execution, minimise delays, and enhance stakeholder confidence, ultimately paving the way for a successful planning application and subsequent development phases.
This agreement ensures that all design and construction activities are meticulously planned and executed in a manner that does not interfere with the safe and efficient operation of the railway network. This coordination is vital to prevent any potential disruptions that could impact rail services and passenger safety.
The BAPA provides a framework for addressing any potential risks associated with the proximity of the development to railway infrastructure during the design phase. This includes measures to protect both the new housing development and the existing railway assets.
Obtaining this approval demonstrates our commitment to regulatory compliance and adherence to industry standards, which is crucial for gaining the trust and support of key stakeholders, including the Local Planning Authority, Network Rail and the local community.
Additionally, the BAPA facilitates a collaborative approach, allowing for open communication and problem-solving between our Design and Consultancy team, the Council and Network Rail. This collaboration helps to identify and resolve any issues early in the design and planning process, thereby minimising delays and ensuring a smoother progression to the planning approval.
This agreement supports the successful delivery of the redeveloped site.

The Council could decide not to enter into a Basic Asset Protection Agreement (BAPA) with Network Rail. This will effectively halt the redevelopment of the Block D and Mallard Place site. This is due to the site’s close proximity to an active railway, which necessitates careful coordination and safety measures to ensure that design and construction activities do not disrupt rail operations or compromise the integrity of the railway infrastructure. Without a BAPA, the project cannot proceed, as it could potentially fail to meet the necessary regulatory and safety requirements, ultimately jeopardising the entire redevelopment initiative.
The Council could seek to enter into an agreement at a later stage, this decision could lead to significant delays, increased costs, and a loss of stakeholder confidence, further complicating future development efforts in the area.
The Council could decide not to proceed with the redevelopment of the Block D/Mallard Place sites. This decision would not only halt a key project within the Council’s housing development plan but also hinder its broader objectives of addressing housing shortages and providing affordable homes.