Agenda item

The Cabinet Member for House Building, Placemaking and Development considered the report which sought Cabinet’s approval to build six new Council homes on the vacant corner of land adjacent to 318a White Hart Lane.

RESOLVED that the Cabinet Member:

1.         Approves the appointment of Contractor A to undertake the new build works to provide a total of six new Council rented homes at the land adjacent to 318a White Hart Lane for a total contract sum of set out in the exempt part of the report; and approves the client contingency sum set out in the exempt part of the report.

2.         Approves the appropriation of the land known as land adjacent to 318a White Hart Lane (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.

3.         Approves 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 318a White Hart Lane development, under planning permission Ref: HGY/2020/1322.

4.         Delegates to the Director of Housing, Regeneration and Planning, after consultation with the Director of Finance and the Cabinet Member for House-Building, Place-Making and Development, 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.         Approves the appropriation of the land adjacent to 318a White Hart Lane (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 adjacent to 318a White Hart Lane 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.

Contractor A 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 provide six much needed Council homes on Council land, enhancing the under-used corner of land with an attractive, active frontage to both White Hart Lane and Weir Hall Road.

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 London Construction Programme (LCP) Major Works 2019 Framework Agreement, the route recommended by Strategic Procurement for a contract of this value. Alternative options would have been: a direct appointment to one of the LCP framework providers, but this option was rejected in favour of the assumed quality and price safeguarding a competitive tender provides; or a competitive tender through an alternative framework, but this option was rejected in favour of the existing confidence in the LCP.

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.