Agenda item

DECLARATIONS OF INTEREST FOR THIS ITEM:

NONE

RESOLVED

The Cabinet Member for Housing:

·       Approved the total scheme cost for the delivery of the Development, as detailed in Appendix 4 (Part B Exempt Report).

·       Approved the appointment of Contractor A, as identified in Appendix 4 (Part B Exempt Report), to deliver the Development at Kings Road Car Park (land to the rear of St James Place), N17 8NP, comprising 9 new Council homes, for the contract sum of £3,950,256 and client contingency set out.

·       Approved the issuance of a Letter of Intent for up to 10% of the contract value, as set out in Appendix 4 (Part B Exempt Report).

·       Approved the appropriation of the land at Kings Road Car Park (land to the rear of St James Place), N17 8NP, shown edged red on the Site Plan at Appendix 1, from housing purposes to planning purposes pursuant to Section 122 of the Local Government Act 1972, to facilitate the delivery of the Development approved under planning permission reference HGY/2025/3409 and enable the Council to utilise its powers under Section 203 of the Housing and Planning Act 2016.

·       Approved, that upon appropriation of the land for planning purposes, the use of the Council's powers under Section 203 of the Housing and Planning Act 2016 to override easements and other third-party rights and interests affecting the land shown edged red on the Site Plan at Appendix 1 which may be interfered with by the construction and use of the Development approved under planning permission reference Page 3 HGY/2025/3409.

·       Approved the delegation of authority to the Delivery Director of Capital Projects and Property, in consultation with the Corporate Director of Finance and Resources and the Cabinet Member for Housing, to: a) implement the appropriations referred to in this report including determining the precise timing of such appropriations; b) take all necessary steps to enable reliance on section 203 of the Housing and Planning Act 2016 c) agree and make any necessary compensation payments arising from valid claims relating to third-party rights affected by the Development.

·       Approved the subsequent appropriation of the land shown edged red on the Site Plan at Appendix 1 from planning purposes back to housing purposes within the Housing Revenue Account, pursuant to Section 19 of the Housing Act 1985, such appropriation to take effect upon practical completion of the Development.

Reasons for decision:

The site known as Kings Road Car Park (land to the rear of St James Place), N17 8NP, was approved by Cabinet in October 2021 for inclusion in the Council’s Housing Delivery Programme. Planning permission for the redevelopment of the site was subsequently granted on 18 February 2026 under application reference HGY/2025/3409, for the construction of 9 x four-bedroom, three-storey Council homes for Social Rent, together with associated refuse and cycle stores and landscaping.

Financial appraisals, supported by the Council’s independent cost consultant, confirmed that the scheme was viable and represented value for money. Following the completion of the procurement process, the recommended contractor was identified as submitting the Most Economically Advantageous Tender (MEAT) and is therefore recommended for contract award.

The approved development would deliver nine family-sized Council homes for Social Rent and make a significant contribution towards addressing the shortage of larger affordable homes within the borough. Four-bedroom Council homes were in particularly short supply and were required to meet the needs of families currently living in overcrowded accommodation or temporary housing. The Development would therefore help meet identified housing need whilst supporting the Council's objective of delivering 3,000 new Council homes by 2031.

The Development represented the efficient redevelopment of an underutilised HRA asset and will provide long-term social value through the delivery of high-quality affordable housing on Council-owned land.

The Development had been designed to address existing issues associated with the site, including anti-social behaviour and fly-tipping, through enhanced natural surveillance, improved site layout, secure access arrangements, and dedicated refuse storage facilities. Collectively, these measures will improve the quality of the local environment and contribute to a safer and more attractive neighbourhood for both existing and future residents.

Alternative options considered:

The Council could choose not to proceed with the Development. This option was rejected because it would prevent the delivery of the approved scheme of nine family sized Council homes for Social Rent and would fail to make effective use of Council owned land to address identified housing need.

The Council could proceed with the Development without appropriating the site for planning purposes and without relying upon the powers contained within Section 203 of the Housing and Planning Act 2016. This option was rejected because it could expose the Council to the risk of injunctions or other legal challenges arising from third-party rights or easements affected by the Development. Appropriation for planning purposes enables the Council to utilise its powers under Section 203 of the Housing and Planning Act 2016, ensuring that any interference with third-party rights is converted into a right to compensation rather than a right to prevent or delay the Development.

The Council could choose not to appropriate the land back to housing purposes following practical completion of the Development. This option was rejected because the completed homes are intended to remain within the Housing Revenue Account and be managed as Council housing at Social Rent. Re-appropriation to housing purposes is therefore necessary to facilitate the long-term ownership and management of the completed homes.