DECLARATIONS OF INTEREST FOR THIS ITEM:
NONE
The Cabinet Member for Housing and Planning (Deputy Leader),
RESOLVED:
1. To approve the appointment of the recommended contractor (A) identified in the exempt part of the report to undertake the new build works to provide a total of seventeen council homes on the land at Tiverton Estate, N15 6RR for a total contract sum of £6,732,469 and approves the on costs set out in the exempt part of the report. This is in accordance with Contract Standing Order (CSO) 2.01 c).
2. Included within the Total Scheme Costs, to approve a financial contribution detailed within the exempt part of the report, for the recommended contractor (A), towards the development and maintenance of identified landscaped areas earmarked for improvement for a period of two years post practical completion of homes.
3. To agree the commencement of the appropriation of land at Tiverton Estate shown edged red on the plan titled ‘Development Plan’ attached at Appendix One to the report, from housing purposes to planning purposes pursuant to section 122 of the Local Government Act 1972 so as to rely on the use of the Council’s powers under sections 203-206 of the Housing and Planning Act 2016.
4. To authorise the placement of public advertisements to seek public opinion and responses to the proposed appropriation of the land edged red on the plan titled “Development Plan” attached at Appendix One to the report.
5. To approve the making of an application to the Secretary of State under section 19 of the Housing Act 1985 for consent to the appropriation under paragraph 3.3 above (if necessary).
6. To approve the total scheme costs including on costs, works and interest to the value as set out in detail in the exempt part of the report.
7. To consider the engagement and consultation carried out on this proposed scheme set out in section seven of this report.
Reasons for decisions
The site known as open space in front of 24-96 Tiverton Road with the Tiverton Estate, was approved by Cabinet on 21st January 2020 to be included in the Council’s Housing Delivery programme. A design and access plan, aimed to supporting a planning application for the redevelopment submitted by appointed Architects on 17th November 2025. On the 5th March 2026, the scheme was submitted for consideration by Planning Committee and received unanimous recommendation for approval by members.
Following a formal tender process, a contractor has been identified to undertake these works.
There are no reasons for the Council to believe that any third-party rights would be infringed by the development. Whilst the scheme is yet to receive formal planning permission, there are no obvious concerns about the loss of rights, which were raised during extensive local engagement and consultation with residents. Appropriation of the development site for planning purposes is recommended to clear the path for Page 29 development. It will allow the Council to use the powers contained in Section 203 Housing & Planning Act 2016 to override easements and other third-party rights that may be infringed by the development 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 proposed development site shown edged red on the plan comprises the area of the main grassed area on front of Tiverton Estate and the adjacent areas where greening interventions are planned to take place. The site proposal will provide seventeen much needed Council homes in two four-storey buildings. In conjunction with the housing development a number of landscape and amenity improvements are proposed including play facilities, additional trees, planting, seating areas and CCTV.
These homes will also contribute to the Council’s commitment to start 500 homes on site as part of the GLA 21-26 Affordable Homes Programme and the Council’s political aspiration to build 3000 Council homes by 2031.
Alternative options considered
It would be possible to not 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 option would also represent a lost opportunity to gain critical GLA funding to support delivery of news homes.
This opportunity was procured via the LCP Framework Lot 1.1. using the JCT Design Build Contract 2016 with amendments, the route recommended by Strategic Procurement for a contract of this value. An alternative option would have been to run a competitive tender via the Council’s LCP Dynamic Purchasing System. However, owing to the size and approximate value of the development, the LCP framework was considered a more suitable option with an approved list of contractors.
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 the scheme proceeded through the feasibility and design stages and any comments or objections raised were taken into consideration by Planning Committee in reaching its decision.