Agenda item

Approval of construction contract at Tudor Close N6

[Report of the Director for Housing, Regeneration and Planning. To be introduced by the Cabinet Member for Housing and Estate Renewal.]

 

This report seeks Cabinet’s approval to develop a new-build scheme in Highgate on Council land, at 1- 42 Tudor Close N6 5PR, to build a three-storey block of flats with six new homes at social housing rent. Appendix 1 redline boundary provides the footprint of land.   The accommodation schedule is 1x1bx2p, 2x2bx3p, 3x2bx4p, equates to six new habitable homes for twenty people. Appendix 2 (site plan) provides the proposed site layout, currently occupied by 38 car parking spaces within the cul-de-sac of the estate.

Minutes:

 The Cabinet Member for Housing and Estate Renewal was pleased to introduce the report which sought approval to develop a new-build scheme in Highgate on Council land, at 1- 42 Tudor Close N6 5PR, to build a three-storey block of flats with six new homes at social housing rent, one of which will be fully accessible for wheelchair users.

 

The Cabinet Member outlined that this required appropriation of the site from housing purposes to planning purposes under Section 122 of the Local Government Act 1972  and referred Cabinet to the  consultation carried under section 105 of the Housing Act 1985 and to the wider community engagement (as set out in paragraphs 6.5 to 6.25).

 

 

Further to considering the exempt information at item 422,

 

RESOLVED

 

1.    To consider the responses both to the consultation carried out on this proposed scheme in line with section 105 of the Housing Act 1985 and to the wider community engagement (as set out in paragraphs 6.5 to 6.25).

2.    To approve the appropriation of the site at Tudor Close (edged red on the plan attached at Appendix 1) from housing purposes to planning purposes under section 122 of the Local Government Act 1972 as it is no longer required for the purpose which it is currently held, for the purpose of carrying out development as set out in part 6 of this report.

3.    To approve the use of the Council’s powers under section 203 of the Housing and Planning Act 2016 to override easements and other rights of neighbouring properties infringed upon by the Tudor Close development, under planning permission Ref: HGY/2020/1460.

4.    To delegate to the Director of Housing, Regeneration and Planning, after consultation with the Director of Finance and the Cabinet Member for Housing and Estate Renewal, authority to make payments of compensation as a result of any infringement arising from the development and the recommendation 3.1.3, within the existing scheme of delegation.

5.    To approve the appropriation of the site at Tudor Close (edged red on the plan attached at Appendix 1) from planning purposes back to housing purposes under Section 19 of the Housing Act 1985, after practical completion of the development on 24 November 2022.

6.    To approve the appointment of NFC Homes Limited to undertake the new build works to provide a total of six Council rented homes at Tudor Close for a total contract sum of £1,701,067.00 and to approve the client contingency sum set out in the exempt part of the report.

 

Reasons for decisions

 

Cabinet included the site at Tudor Close in the Council housing delivery programme on 13 November 2018 with the intention of directly delivering homes on the site. This scheme has subsequently been granted planning consent and is ready to progress to construction.

 

The use of powers at section 122 of the Local Government Act 1972 (LGA) allowing the Council to utilise the powers at section 203 Housing and Planning Act 2016 (HPA) on the site would also overcome potentially enforceable third-party rights that may prevent the construction of the development. The power under section 203 HPA 2016 will instead convert those rights into a right for compensation for the loss of that right.

 

To appropriate the land from planning purposes for housing purposes on completion of the development will enable the Council to then offer these homes for rent thereby helping to meet the demand for affordable housing in the borough.

 

NFC Homes Limited has been identified to undertake these works by a formal procurement process.

 

Alternative options considered.

 

It would be possible not to develop this site for housing purposes. This option was rejected as it would not support the Council’s commitment to deliver a new generation of Council homes.

 

It would be possible to proceed to development without appropriation of the land as described 3.1.2 and 3.1.3. This option was rejected because it would risk the development being delayed in the event that neighbouring residents sought injunctions against it, and because our communities’ need for Council homes is so urgent.

 

Supporting documents: