Agenda item

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

The report will ask Cabinet to 1) Approve the appointment of the recommended contractor to complete a development of one new Council rented home at Antill Road N15, 2) approve the appropriation of the land at Antill Road from housing purposes to planning purposes and back from planning purposes to housing purposes after practical completion under the relevant Sections of the Local Government Act 1972 and 1985, 3) 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 the development.

The Cabinet Member for Housing and Estate Renewal introduced the report which sought Cabinet’s approval, considering consultation with local residents, to build a new three-bedroom Council home for Council rent on Council land that is currently in use for car parking.

To achieve this, Cabinet were being asked to agree that the Council should appropriate the land, first for planning purposes and then on completion for housing purposes; and in light of a formal tender process to award a construction contract to a locally based firm, Cuttle Construction Limited.

Further to considering exempt information at item 29,

RESOLVED

1.         To consider the responses to the consultation carried out on this proposed scheme in line with section 105 of the Housing Act 1985, as set out in paragraphs 6.5 to 6.8 of this report.

2.         To approve the appointment of Cuttle Construction Limited to undertake the new build works to provide a total of one Council rented home at Antill Road for a total contract sum of £274,202 and to approve the client contingency sum set out in the exempt part of the report.

3.         To approve the appropriation of the land at Antill Road (edged red in the plans 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, and for the purpose of carrying out development as set out in part 6 of this report.

4.         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 Antill Road development, under planning permission Ref: HGY/2020/1480.

5.         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.

6.         To approve the appropriation of the land at Antill Road (edged red in the plans 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.

Reasons for decisions

The land at Antill Road was approved by Cabinet in July 2019 to be included in the Council’s housing delivery programme. The scheme has subsequently been granted planning consent and is ready to progress to construction. This report therefore marks the third, and final, Members’ decision to develop on this site.

Cuttle Construction Limited has been identified by a formal tender process to undertake these works.

The appropriation of the site for planning purposes is required as it will allow the Council to use the powers contained in Section 203 to override easements and other rights of neighbouring properties and will prevent injunctions that could delay or prevent the Council’s proposed development. Section 203 converts the right to seek an injunction into a right to compensation. The site will need to be appropriated back from planning purposes to housing purposes on completion of the development to enable the Council to use the land for housing and let one new Council home at Council rent.

The site proposal will improve security for new and existing residents and alleviate potential anti-social behaviour attracted to the site by an open unsecured car park.

Alternative options considered.

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

This opportunity was procured via a competitive tender through the Dynamic Purchasing System (DPS) JCT Design & Build 2016 amendments, the recommended route for a contract of this value. An alternative option would have been to do a direct appointment, but this option was rejected due to the estimated contract value of the scheme and to give opportunities for local small to medium size contractors to submit a tender.

The Council could continue with the scheme without appropriating the site for planning purposes, but this would risk the proposed development being delayed or stopped by potential third-party claims. By utilising the powers under Section 203 of the Housing and Planning Act 2016 (HPA 2016), those who benefit from third party rights will not be able to seek an injunction since those rights or easements that are overridden are converted into a claim for compensation only. The Council recognises the potential rights of third parties and will pay compensation where a legal basis for such payments is established. The housing delivery team actively engaged with local residents about the development of this site as they proceeded through the feasibility and design stages and any comments or objections raised were taken into consideration by Planning Committee in reaching its decision.

The Council could decide not to appropriate the land for housing purposes upon practical completion of the building works. This option was rejected because it could prevent the Council from being able to offer up these homes for occupation as social housing thereby not supporting the delivery of much needed affordable homes.