Agenda item

Report of the  Director for Placemaking and Housing. To be introduced  by the Cabinet Member for Council House-Building, Placemaking, and Development.

This report will seek Cabinet's approval to appropriate land for planning purposes to enable delivery of the first two development plots as part of the High Road West scheme.  It will also seek Cabinet approval to consult secure tenants on the Love Lane Estate on the use of Ground 10a of the Housing Act 1985.

The Cabinet Member for Council House-Building, Placemaking, and Development introduced the report which sought approval to appropriate land for planning purposes to enable delivery of the first two development plots as part of the High Road West scheme. It also sought Cabinet approval to consult secure tenants on the Love Lane Estate on the use of Ground 10a of the Housing Act 1985.

It was noted that this was the first phase, 1a,  of the High Road West Scheme which was first of all, contingent on the overall  Planning decision  being sought on the whole scheme this week. This first phase would include the delivery of 60 Council homes.

Approval for consultation was a technical issue required with secure tenants under Housing Act by the Secretary of State so to achieve vacant procession over the site. Assurance was provided that the consultation would be delivered in community languages and translators would be engaged to ensure residents understood what was being consulted on.

In response to a question from Cllr Connor about any impact of the consultation result, this was a technical use of the powers as required by the Secretary of State to achieve vacant possession.

Following consideration of the exempt information, it was

RESOLVED

1.    To approve the appropriation for planning purposes of the land edged blue on the plan attached at Appendix 1 of this report to enable the delivery of Plot A of the High Road West Scheme (“the Scheme”) pursuant to section 122 of the Local Government Act 1972, which will enable the Council or the developer to rely on section 203 of the Housing and Planning Act 2016 to override any third party easements or rights infringed by the development of Plot A, subject to payment of statutory compensation to those entitled under section 204 of the 2016 Act.

2.    To approve the commencement of statutory consultation with all secure tenants on the Love Lane Estate, pursuant to Part 5 of Schedule 2 to the Housing Act 1985, regarding the proposal to seek the Secretary of State’s approval for the redevelopment Scheme for the purpose of Ground 10A to support delivery of later plots within the Scheme.

3.    To note that following this statutory consultation, there would be a report to Cabinet with a recommendation on whether to proceed with an application to the Secretary of State to seek approval of the redevelopment Scheme for the purpose of Ground 10A.

Reasons for decision

The land to be appropriated for planning purposes to enable the development of the first plot (Plot A) within Phase A of the Scheme, subject to planning permission being achieved. This land is currently held by the Council for a number of different statutory purposes, including housing.  The land held for housing purposes is currently used as a footpath and an enclosed fenced area associated with the Whitehall & Tenterden Centre, see Appendix 2. Appropriating the land would enable the Council and its development partner Lendlease to deliver the new homes, through the ability to rely on sections 203 and 204 of the Housing and Planning Act 2016 (“2016 Act”) to override any easements or other private rights (such as rights to light) which might otherwise impede redevelopment of this land in accordance with planning permission.

The consideration of the potential use of Ground 10A of the Housing Act 1985 is with a view to ensure certainty of delivery of Phase A, which includes the provision of much needed Council homes, in parts of the site where secure tenants are currently in occupation. The Council’s Landlord Offer guarantees secure tenants a new Council home in the Scheme that meets the need of their household. Secure tenants also have the option to make an early move to a Council home elsewhere in the borough if preferred. The Council has a dedicated Rehousing team in place to support residents through each stage of the move process.

The Council’s aim is to rehouse all tenants by mutual agreement, in line with the Landlord Offer.  If this cannot be achieved, Ground 10A is one of the statutory grounds under which possession of a secure tenancy may be ordered by a court if it is seeking to end the tenancy, on the grounds that suitable accommodation is available. This would only be exercised in the event that a tenant was not willing to leave a property even once suitable alternative accommodation had been offered as part of the rehousing process. Further details are provided in paragraphs 6.29 to 6.37.

The Council has a statutory obligation under Part V of Schedule 2 to the Housing Act 1985 to undertake consultation with secure tenants prior to seeking the Secretary of State’s approval of a redevelopment Scheme for the purposes of Ground 10A. If approved, statutory consultation would be undertaken with secure tenants on the Love Lane Estate in autumn 2022.  Officers will report back to Cabinet on the outcome of the consultation.  Depending on the outcome, Cabinet may be asked for approval to authorise the Council to seek the Secretary of State’s approval of the redevelopment Scheme for the purpose of Ground 10A.

Alternative options considered

Not to appropriate the land in Plot A or to do so later

The Council could progress development of Plot A without appropriating the land for planning purposes, but this would risk the proposed development being delayed or stopped by potential third party claims. This could prevent the Scheme from being delivered and the Council from delivering on its commitments set out in the ballot and Landlord Offer.

The Council could also choose to appropriate the land in Plot A for planning purposes at a later date, alongside other parts of Phase A.  Plot A is targeted to start on site in autumn 2022, subject to planning consent.  If a decision to appropriate the land was not taken at this time, then this would increase the risk of the Council and Lendlease failing to meet this start on site milestone, which is critical to unlocking GLA funding as per the funding agreements and therefore risk the delivery of the wider Scheme.

Not to consult on the proposal to seek approval for use of Ground 10A of the Housing Act 1985

The Council could choose not to undertake statutory consultation with secure tenants on the proposal to seek approval of the Secretary of State for use of Ground 10A of the Housing Act 1985, and accordingly would not (subject to consultation) be able to consider future use of these powers. This would however risk the Council’s ability to deliver vacant possession and the delivery of the Scheme, including the delivery of 500 new Council homes for existing residents and those on the housing register.

Based on the consideration of these options, Cabinet is recommended to reject them and approve the recommendations outlined in Section 3 of this report.