195 High Road West Leaseholder Offer
PDF 329 KB
[Report
of the interim Strategic Director for Planning, Regeneration and
Development. To be introduced by the Cabinet Member for Housing,
Planning and Regeneration.] The purpose of this report is to set
out the next steps for developing a leaseholder offer for Love Lane
leaseholders, following the recent engagement and consultation on
the ‘Enhanced Love Lane Leaseholder Offer
document’ (Appendix 1) which set
out the Council’s proposed offer to Love Lane
leaseholders.
Additional documents:
Minutes:
The Cabinet Member for Housing,
Regeneration and Planning introduced the report, which set out the
next steps for developing a leaseholder offer for Love Lane
leaseholders.
The Cabinet Member advised that
the Council had received legal advice that the consultation on the
leaseholder offer for Love Lane leaseholders had two challenges and
there was a need to re-consult on the leaseholder offer. Therefore,
the report was seeking approval to re- consult and also seeking a
delegation to the Strategic Director of Regeneration, Planning and
Development and the s151 Officer to agree all third party
acquisitions (including all acquisition prices, costs, compensation
packages and fees) within the High Road West Regeneration area
(other than any compulsory acquisitions).
The Cabinet Member emphasised
that the Council had been working hard with leaseholders on the
offer and remained committed to continuing this work.
In response to questions from
Cllr Engert and Cllr Brabazon, the following information was
noted:
- In relation to the
requirement to re-consult, it was important to note the significant
and wide officer effort involved in planning, organising and
delivery of consultation. However, as this process often involved
complex legal issues, sometimes issues could emerge later
on.
- With regard to the
constitutional question raised on the delegations to the director,
this recommendation was required to provide necessary authority for
the Council to negotiate private treaty agreements and CPO action
was only a last resort. Paragraph 5.3 of the report further
demonstrated that there were a significant number of property
interests within the High Road West area, which were anticipated to
be above £500,000 and as such, a Cabinet decision would be
required for every acquisition. Given that each Cabinet decision
had up to a three-month lead in process, seeking Cabinet approval
would not only cause time delays, it would also considerably
congest the Cabinet agenda. It was absolutely the case, to ensure
the successful delivery of the Scheme, Officers needed to be able
to negotiate and finalise transactions in an expedient manner so
that third party interests are happy to transact with the Council.
The Monitoring officer also confirmed that, as this was a
delegation from Cabinet, it did not require a change to the
Constitution and consideration at Standards Committee.
- The Cabinet Member
emphasised that the consultation needed to be re – run to
provide clarity on two issues. Firstly, to set out why the
commitments within the offer are the Council’s preferred set
of commitments. Secondly, to clarify the definitions of resident
and non-resident leaseholder in the Love Lane Offer and to be
aligned with the definitions set out in the Leaseholder Guide
(agreed by Cabinet in 2014).
- With regard to the
accessibility of the consultation documentation, this was felt
appropriate, considering there were complicated issues and movement
of funds to be explained. However, the Cabinet Member offered to
liaise with the Council Communications team about further ways to
improve the understanding of the consultation documentation by
leaseholders and tenants. It was important to note that the
consultation documentation had ...
view the full minutes text for item 195