Hillingdon Council Cabinet Member and Officer Decisions
Hayes Regeneration: In principle agreement to seek compulsory purchase powers
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Non-Key Decision request Form D Hayes Regeneration: In principle agreement to seek compulsory purchase powers Dear Cabinet Member Attached is a report requesting that a decision be made by you as an individual Cabinet Member. Democratic Services confirm that this is not a key decision, as such the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 notice period does not apply. You should take a decision on or after Friday 23 July 2021 in order to meet Constitutional requirements about publication of decisions that are to be made. You may wish to discuss the report with the Corporate Director before it is made. Please indicate your decision on the duplicate memo supplied, and return it t o me when you have made your decision. I will then arrange for the formal notice of decision to be published. Anisha Teji Democratic Services Officer Title of Report: Hayes Regeneration: In principle agreement to seek compulsory purchase powers Decision made: Reasons for your decision: (e.g. as stated in report) Democratic Services Location: Phase II Ext: 7655 DDI: 01895 27 7655 Ref: CMD 228 To: COUNCILLOR IAN EDWARDS LEADER OF THE COUNCIL COUNCILLOR JONATHAN BIANCO CABINET MEMBER FOR PROPERTY AND INFRASTRUCTURE COUNCILLOR EDDIE LAVERY CABINET MEMBER FOR ENVIRONMENT, HOUSING AND REGENERATION COUNCILLOR MARTIN GODDARD CABINET MEMBER FOR FINANCE c.c. All Members of Environment, Housing & Regeneration c.c. Perry Scott, Corporate Director of Infrastructure, Transport and Building Services c.c. Ward Councillors for Townfield c.c. Conservative and Labour Group Offices (inspection copy) Date: 15 July 2021 Alternatives considered and rejected: (e.g. as stated in report) Signed ………………………………………………………Date…………………….. Leader of the Council/ Cabinet Member for Property and Infrastructure / Cabinet Member for Environment, Housing and Regeneration/ Cabinet Member for Finance Cabinet Member Report –15 July 2021 Page 1 (Part 1 Public) Hayes Regeneration: In principle agreement to seek compulsory purchase powers Cabinet Member(s) Cllr Ian Edwards Cllr Jonathan Bianco Cllr Eddie Lavery Cllr Martin Goddard Cabinet Portfolio(s) Leader Cabinet Member for Property and Infrastructure Cabinet Member for Environment, Housing and Regeneration Cabinet Member for Finance Officer Contact(s) Perry Scott, Corporate Director of Infrastructure, Transport & Building Services Papers with report Appendix 1 Table of Responses Appendix 2 Plan of Hayes Town Centre Appendix 3 Plan of Avondale HEADLINES Summary This report seeks Cabinet member approval, in principle, for officers to make preparations for the Council to seek compulsory purchase powers, if necessary, to deliver of vacant possession of the site to facilitate the redevelopment proposals. Putting our Residents First This report supports the following Council objectives: • Our People • Our Built Environment and • Strong financial management. Financial Cost The cost of Land Referencing exercise is included in the overall budget approved on 17 June 2021. Relevant Select Committee Environment, Housing & Regeneration Relevant Ward(s) Townfield Ward RECOMMENDATIONS That the Leader of the Council , Cabinet Member for Property and Infrastructure, Cabinet Member for Environment, Housing and Regeneration and the Cabinet Member for Finance: Cabinet Member Report –15 July 2021 Page 2 (Part 1 Public) 1) Notes the positive result of the Residents’ Ballot that was concluded on 21st May in relation to the redevelopment proposals for the Hayes Town Centre and Avondale Drive estates. 2) Notes that delegated authority was granted on 17 th June 2021 to the Leader of the Council and Cabinet Members for Property Infrastructure, E nvironment, Housing and Regeneration and Finance in consultation with the Corporate Director of Infrastructure, Transport & Building Services, to make any further decisions necessary to implement the Hayes Estate Regeneration project. 3) Notes that the Council will continue to use all reasonable endeavours to acquire, by negotiation, the various land interests affected by the compulsory purchase order and to complete the acquisitions and disposals of land as necessary. 4) Notes that the Council will, if n ecessary, seek to exercise its powers under section 226(1)(a) of the Town and Country Planning Act 1990 through the drafting of a compulsory purchase order (“Order”) to acquire interests in land to enable the delivery of the redevelopment of Hayes Town Cen tre Esta te and Avondale Drive Estate. 5) Requests that the Corporate Director of Infrastructure, Transport & Building Services commences the preparatory work required for the making of any compulsory purchase order including (but not limited to) the completion of a land referencing exercise and the preparation of one or more draft compulsory purchase orders and accompanying documents; and 6) Notes that a further report may be brought at a later date to seek a recommendation to the Cabinet for authority to secure the making, confirmation and implementation of one or more compulsory purchase orders in respect of the redevelopment proposals for the Hayes Town Centre and Avondale Drive estates. 1 REASONS FOR RECOMMENDATION 1.1 Further to the Cabinet report of 17 June 2021 Cabinet will be aware that a Residents’ Ballot has been completed to establish resident’s preferred options in relation to the redevelopment proposals for the Hayes Town Centre and Avondale Drive estates (“Estates”). 1.2 The Council’s objective is to address concerns about the quality and longevity of the homes within the Estates, and wishes to maximise the opportunities to provide new high quality housing, including affordable housing, in the Borough and enhancing place-making around Hayes town centre. The Council has commenced negotiations with affected landowners to acquire their interests in the Estates but in the event that those negotiations are not likely to be concluded within a reasonable timescale to allow timely progression of the redevelopment proposals, the Council may need to exercise its compulsory purchase powers. The decision to use compulsory purchase powers will be as a last resort but Cabinet’s in-principle authority to exercise those powers is being sought. Cabinet Member Report –15 July 2021 Page 3 (Part 1 Public) 2 ALTERNATIVE OPTIONS CONSIDERED / RISK MANAGEMENT 2.1 The alternative option would be not to go ahead with the redevelopment of the Estates, despite the positive result of the Residents’ Ballot. This would not be optimal because it does not address the Council’s objective of maximising the opportunities to provide new high-quality housing and of enhancing place -making around Hayes town centre. Further, it does not addr ess issues of crime and antisocial behaviour that are current concerns raised by residents of the Estates. The opportunity to take advantage of funding from the GLA would also be missed as this is only available for new build development. 2.2 As noted in the Cabinet report of 17 June 2021 one of the risks involved in these decisions include the risk associated with failing to secure a development partner on terms that achieve a viable scheme for the Council and the risk of failing to secure all of the third- party interests needed to progress the scheme in line with the development timetable. 2.3 To remove the risk of failing to secure all of the interests within the Estates held by third parties by agreement, it may be necessary for the Council to exercise its compulsory purchase powers. 3 DEMOCRATIC COMPLIANCE / PREVIOUS AUTHORITY 3.1 On 22 October 2020 the Cabinet considered the options appraisal report and gave authority to officers to undertake design work on potential redevelopment schemes, in consultation with residents, and to undertake a Residents’ Ballot on proposals once they had been finalised. These actions have been completed and the result is now known, and Cabinet approval is being sought to progress the scheme to the next stage. 3.2 On 17 June 2021 Cabinet gra nted delegated authority to the Leader of the Council and Cabinet Members for Property & Infrastructure, Environment, Housing & Regeneration and Finance, in consultation with the Corporate Director of Infrastructure, Transport & Building Services, to make any further decisions necessary to implement the above actions and progress the project. SELECT COMMITTEE COMMENTS None at this stage. SUPPORTING INFORMATION 4 BACKGROUND 4.1 The Hayes Town Centre estate consists of 260 homes including 79 leasehold properties built in the 1970s consisting of medium rise flats and maisonettes with a high- rise point block of 15 storeys, made up of a mixture of 1, 2 and 3 bedroom homes. 4.2 Avondale Drive estate contains 144 homes, of which 28 are leasehold properties. The estate consists of three ‘system built’ 12 storey point blocks constructed in the late 1960s and all flats are two bedroomed. Cabinet Member Report –15 July 2021 Page 4 (Part 1 Public) 4.3 In response to concerns raised by residents about buil ding conditions within the Estates and anti -social behaviour the Council explored ways to improve the standard of residential provision for current residents on the Avondale Drive and Hayes Town Centre estates in Hayes. The work by the Council resulted in the Options Appraisal carried out by Savills, as reported to Cabinet on 22 October 2021, further consultation with residents and the decision to move ahead with the redevelopment of the Estates. 4.4 In November 2020, the Council received an allocation of funding from the GLA under their “Building Council Homes for Londoners” programme 2018-23 to help deliver the affordable homes on the scheme. A condition of this funding was that there was a vote in favour in a Residents’ Ballot. 4.5 As noted in the Cabinet report of 17 June 2021 a Landlord Offer was formulated for all eligible parties that currently hold an interest in the Estates and this was included in the Residents’ Ballot issued on 30th April 2021. The ballot closed on 21st May 2021 and the result was 94.1% in favour of the redevelopment proposals for Avondale Drive Estate and 78.7% in favour in relation to Hayes Town Centre Estate. 4.6 The ballot result demonstrates significant support and enthusiasm for redevelopment among residents as well as fulfilling the GLA ’s requirements as a condition of funding. It is, therefore, proposed that the Council proceed to the next stage of preparation for redevelopment. Actions required at this stage involve: 4.6.1 procuring a suitably qualified developer partner for the delivery of the project. 4.6.2 progressing planning applications on both sites. 4.6.3 taking steps to acquire all of the third- party interests needed to deliver the scheme. 4.6.4 taking steps to ensure possession of the site on a phased basis by facilitating the temporary rehousing of Council and registered provider assured tenants in phase one and suspending the right to buy. 5 COMPULSORY PURCHASE POWERS 5.1 It is proposed that the Council should use its powers under section 226(1)(a) of the Town and Country Planning Act 1990 to address the priority outlined at paragraph 3.6.3 of this report in order to acquire the various land interests needed to deliver the Development, if they cannot be acquired by agreement. Under section 226(1)(a) of the Act, the Council, on being authorised to do so by the Secretary of State, can acquire any land in their area: “if the authority thinks that the acquisition will facilitate the carrying out of development, redevelopment or improvement on or in the land”. 5.2 The exercise of the power also requires that the Council: “thinks, that the development, redevelopment or improvement is likely to contribute to the achievement of any one or more of the following objects:- Cabinet Member Report –15 July 2021 Page 5 (Part 1 Public) • the promotion or improvement of the economic wellbeing of their area • the promotion or improvement to the social wellbeing of their area • the promotion or improvement of the environmental wellbeing of their area” 6 COMPULSORY PURCHASE PROCESS AND JUSTIFICATION 6.1 The issuing of any Order will be a two- stage process. Cabinet must first resolve that the Council will seek to exercise its compulsory purchase powers under section 226(1)(a) of the Town and Country Planning Act 1990 to acquire a number of interests in the Estates to enable the construction of the development, consisting of over 500 new and replacement homes on Hayes Town Centre and over 220 on the Avondale Drive site (‘Development’), in the event that they cannot be acquired by agreement. This Cabinet resolution will support negotiations with affected leaseholders and landowners. 6.2 It is proposed that there will be a separate Order in respect of each site at Avondale Drive and Hayes Town Centre Estate due to the fact that they will be the subject of separate planning applications, are not geographically adjacent, agreement to acquire interests by agreement may be more successful in relation to one site more than the other and the justification for redevelopment of each site will be slightly different. Once negotiations with affected landowners have taken place, if it is apparent that not all of the required land interests will be acquired by agreement within a reasonable timescale in respect of one or both of the Estates, the relevant Order(s) and Order Map(s) will be prepared, and a further report will be submitted to a future Cabinet meeting with a recommendation requesting authorisation for the making of the Order(s). 6.3 Any subsequent report will identify the land to be covered by each Order, the interests to be acquired and will be accompanied by a copy of the draft Order(s) and Order Map(s) together with Statements of Reasons, which will set out a full justification for the Orders being made. 6.4 The MHCLG Guidance on Compulsory Purchase Process and the Crichel Down Rules sets out g uidance for acquiring authorities in relation to the making of Compulsory Purchase Orders, including when it is appropriate for compulsory purchase powers to be utilised pursuant to section 226(1)(a). The Guidance sets out the key tests which need to be satisfied before a Compulsory Purchase Order will be confirmed – these are considered by the Secretary of State prior to deciding whether to confirm the Order and must be considered by the Council prior to the making of any Orders. These tests together with the responses are detailed at Appendix 1 and would be given proper consideration prior to the commencement of the compulsory purchase process and revisited prior to the making of any Order. It will be critical to demonstrate that there are no hurdles to the delivery to the Development that cannot be overcome, including the fact that planning permission has been or will be granted (the planning policy framework is considered further at section 8. 6.5 A significant justification for the exercise of compulsory purchase powers is that the Council may need to exercise its powers to take advantage of time limited funding from the GLA Cabinet Member Report –15 July 2021 Page 6 (Part 1 Public) and to maximise the percentage of affordable housing provided within the redeveloped Estates. 6.6 It is considered that the criteria withi n section 226(1)(a) are likely to be satisfied, as the significant benefits that the Development will deliver, will improve the economic, social and environmental wellbeing of the area. These benefits include: • The provision of more than 500 new one, two, t hree and four bedroom apartments, maisonettes and houses within the Hayes Town Centre development; • The provision of more than 220 new one, two, three and four bedroom apartments and maisonettes within the Avondale Drive development; • The provision of new safe play areas; • The development will include discrete residential blocks around resident only courtyard communal gardens and fewer homes per communal entrance to aid community cohesion and safety; • New community facility around a public square at the Hayes Town Centre development; • Deliver public realm improvements that will benefit residents and the wider public • The design of the Development will adhere to Designing out Crime principles that will address anti-social problems in the area. • Re-provision of existing affordable homes together with additional affordable homes at each site • The design will contribute to the council’s net-zero targets 7 ACQUISITION OF PROPERTY TO PREPARE FOR REDEVELOPMENT 7.1 The interests within the Estates to be acquired include those of leaseholders, freeholders, and any private express or implied rights that may have been granted over the Estates. These interests will be formally identified following completion of a land referencing exercise. Further ancillary parcels of land adjoining or neighbouring the area on the plan might need to be included in the Order if discovered by due diligence to be required for the development. 7.2 All owners and tenants will be contacted as part of any land referencing process that precedes the making of the Order. The land referencing exercise will be undertaken by an external specialist who will liaise with the Council’s in-house team and its advisors. 7.3 The land referencing exercise will identify all owners, tenants, occupiers and others with a legal interest in the land affected by the Order and/or who may become eligible for compensation. The Council will also issue requests for information from those appearing to have an interest in the land to be compulsorily acquired under section 5A of the Acquisition of Land Act 1981 and/or section 16 of the Local Government (Miscellaneous Provisions) Act 1976. 7.4 The land which would potentially be included in the two Orders includes the land edged red on the plans attached at Appendix 2 and 3 and comprises: Cabinet Member Report –15 July 2021 Page 7 (Part 1 Public) Avondale Drive Estate 7.4.1 A residential estate consisting of 144 two bedroomed flats of which 116 are owned by the council and 28 are owned by leaseholders Hayes Town Centre Estate 7.4.2 A residential estate consisting of 260 homes from one bed flats to three bedroomed maisonettes, of which 181 are owned by the council and 79 are owned by leaseholders. 8 DESIGN AND PLANNING SUBMISSION 8.1 The Development Plan for the London Borough of Hillingdon currently consists of the following documents: • The Local Plan: Part 1 - Strategic Policies (2012) • The Local Plan: Part 2 - Development Management Policies (2020) • The Local Plan: Part 2 - Site Allocations and Designations (2020) • The West London Waste Plan (2015) • The London Plan (2021) 8.2 The National Planning Policy Framework (NPPF) (2019) is also a material consideration in planning decisions, as well as relevant supplementary planning documents and guidance. 8.3 The Avondale Drive Estate is not allocated within the Local Plan Part 2 (2020). 8.4 The Hayes Town Centre Estate is allocated within the Local Plan Part 2 (2020) as one of three sites which make up site allocation SA 23. The Hayes Town Centre Estate constitutes Site C and should form part of a wider residential-led mixed use scheme that complements the proposed redevelopment of the Crauford Business Park (which is also known as the Silverdale Road Scheme). 8.5 Policy SA 23 outlines that there is indicative capacity for 400 residential units on Site C (gross). This figure is indicative only and should not be viewed as a definitive cap on design. The redevelopment of the site should also include an element of new public open space and assist with improved connectivity between Silverdale Road, Western View, Austin Road and Hayes Town Centre. The redevelopment should also fully integrate with the Grand Union Canal to the South, ensuring canal-side access and promoting canal-side activity to maximise recreational potential. 8.6 The planning team has indicated that the emerging designs for the Estates, which are the subject of the Residents’ Ballot, are broadly compliant with the adopted policies within the development plan and for these reasons there would be no in principle objections to the schemes. 8.7 The intention is to prepare and submit two separate planning applications in respect of the redevelopment of the Estates in the autumn that will bring forward c 220 homes on the Cabinet Member Report –15 July 2021 Page 8 (Part 1 Public) Avondale Drive Estate and c 500 homes on the Hayes Town Centre Estate. The progression of these planning applications will underpin the justification for the making of any Orders. 9 FINANCIAL IMPLICATIONS 9.1 The financial implications of the proposals in this report consist of the cost of fees to progress the preparatory work for the making of any Orders including the costs of land referencing agents, external consultants and staff up to March 2022, and the estimated cost of leasehold buy-ins up to March 2022. These were included within the budgeted costs outlined in the June Cabinet report. RESIDENT BENEFIT & CONSULTATION 10 EQUALITY AND HUMAN RIGHTS IMPACT ASSESSMENT 10.1 The Public Sector Equality Duty of the Equality Act 2010 places a Duty on public authorities to take due regard in their decision- making processes to the need to eliminate discrimination, foster good relations an d advance equality of opportunity. The protected characteristics as defined in the Act are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 10.2 The Council also takes into account any potential impact on carers, community cohesion, and community safety. In line with our duties under the Equality Act 2010, an Equality and Human Rights Impact Assessment (EqIA) has been undertaken on the proposals and the consultation that has taken place in the run up to the ballot. This was appended to the 17 th June 2021 Cabinet report. As set out in the EqIA, the impact of the disruption of rehousing may have a short term disproportionately negative impact on older people, vulnera ble people or those with a disability. 10.3 Procedures will be put in place to mitigate against any negative impact including a dedicated decant officer, a comprehensive package of support for moving arrangements including all the costs being covered, and a packing service. 10.4 In terms of the Landlord Offer made to eligible residents within both Estates: 10.4.1 Secure council and assured housing association tenants who wish to stay on the estate will be guaranteed an offer of a new home at social rent levels on the new estate; and 10.4.2 Resident leaseholders will receive a fair deal and affordable options to assist them to buy one of the new homes on the estate if they wish to do so e.g. shared equity or shared ownership. 10.5 The Human Rights Act 1998 places direct obligations on public bodies such as the Council to demonstrate that the use of compulsory purchase powers is in the public interest, and the use of such powers is proportionate to the ends being pursued. Cabinet Member Report –15 July 2021 Page 9 (Part 1 Public) 10.6 It is acknowledged that the compulsory acquisition of the land included within the Order will amount to an interference with the human rights of those with an interest in such land. These include rights under article 1 of the first protocol of the Human Rights Act 1998 (which provides that every natural or legal per son is entitled to peaceful enjoyment of his possessions and no one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by the law). 10.7 If a further report is presented for consideration by Cabinet it will be necessary for Cabinet to consider whether there is a compelling case in the public interest for compulsory acquisition of the various interests referred to in the Order which outweigh such rights, and whether the use of compulsory purchase powers i n respect of the Order Land is proportionate. 11. Consultation carried out or required 11.1 Extensive consultation was carried out as part of the ballot process 11.2 All leaseholders have been contacted by letter to initiate a dialogue. CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance has reviewed this report and associated financial implications, noting that the rationale and business case for the proposed estate regeneration schemes were endorsed by Cabinet in June 2021, with delegated authority granted for the relevant Cabinet Members to progress delivery of the schemes. Costs associated with implementation of the above recommendations are to be managed within the £3,743k capital funding earmarked to take this project forward. While the recommendations set out in this report do not commit the Council to using the CPO powers, they provide a mechanism through which the land assembly element of the project can be delivered within the existing approved HRA Capital Programme budget. Legal The legal comments are contained in the body of the report. Infrastructure / Asset Management The actions are considered necessary to ensure delivery of an important project that will result in high quality replacement accommodation for residents plus additional homes. BACKGROUND PAPERS Nil TITLE OF ANY APPENDICES Appendix 1 – Table of responses Cabinet Member Report –15 July 2021 Page 10 (Part 1 Public) Appendix 2 – Red line plan Avondale Drive Estate Appendix 3 – Red line plan Hayes Town Centre Estate Cabinet Member Report –15 July 2021 Page 11 (Part 1 Public) APPENDIX ONE Guidance requirement Section in Guidance Council’s response Demonstrate that there is a compelling case in the public interest to make the compulsory purchase order. Tier 1, Stage 2 – Paragraph 12 The scheme generates significant benefits to both the local and wider area and is a significant positive for both. The scheme is of a scale and nature that will provide a catalyst for wider regeneration and re- vitalisation of the surrounding area and in particular will enhance the local environment and improve links to the wider area Demonstrate that the purposes for which the Order is made justify interfering with the human rights of those with an interest in the land affected Tier 1, Stage 2 – Paragraph 12 See Below The extent to which the proposed purpose will contribute to achieving the promotion or improvement of the economic, social or environmental wellbeing of the area. Tier 2, Section 1 - Paragraph 73 The Council considers that there is a compelling case in the public interest. The scheme will secure the redevelopment of the Order Land, which will in turn bring about social, economic and environmental benefits for the area. The scheme will bring widespread and compelling public benefits through much needed new housing to meet housing demand, public realm and environmental improvements. In particular the Development is likely to deliver: The provision of more than 500 new one, two, three and four bedroom apartments, maisonettes and houses within the Hayes Town Centre Estate development; The provision of more than 220 new one, two, three and four bedroom Cabinet Member Report –15 July 2021 Page 12 (Part 1 Public) Guidance requirement Section in Guidance Council’s response apartments and maisonettes within the Avondale Drive development Significant improvements to the public realm and creation of new high quality public open space; Creation of wider economic and social benefits as a result of the development activity; Creating well designed and safe environments for residents; These benefits justify interfering with the human rights of those with an interest in the land affected. Present a clear idea of how it intends to use the land which it is proposing to acquire Tier 1, Stage 2 – Paragraph 13 The land acquired by the Order will be used to secure the delivery of more than 500 new one, two, three and four bedroom apartments, maisonettes and houses within the Hayes Town Centre Estate development and more than 220 new one, two, three and four bedroom apartments and maisonettes within the Avondale Drive development. Demonstration that the scheme is unlikely to be blocked by any impediments to implementation. This needs to consider include financial, physical and legal considerations. Tier 1, Stage 2 – Paragraph 15 The planning team has indicated that the emerging designs for the Estates, which are the subject of the Residents’ Ballot, are broadly compliant with the adopted policies within the development plan and for these reasons there would be no in principle objections to the schemes. Demonstrate the planning framework provides the justification for an order and that there are no planning or other impediments to the implementation of the scheme. Tier 2, Section 1 - Paragraph 74 See above Cabinet Member Report –15 July 2021 Page 13 (Part 1 Public) Guidance requirement Section in Guidance Council’s response Show that all the necessary resources are likely to be available to achieve that end within a reasonable time-scale. Tier 1, Stage 2 – Paragraph 13 The Council is considering its options regarding the funding of the Development and development partner arrangements. The acquiring authority should provide substantive information as to the sources of funding available for both acquiring the land and implementing the scheme for which the land is required.as much information as possible about the resource implications of both acquiring the land and implementing the scheme for which the land is required. Details of how any shortfalls are intended to be met. This should include: • the degree to which other bodies (including the private sector) have agreed to make financial contributions or underwrite the scheme; and • the basis on which the contributions or underwriting is to be made. Tier 1, Stage 2 – Paragraph 14 (a) See above The sources of funding for implementation of the scheme will be: Council Investment in replacement (and additional) affordable housing. Following the selection of a development partner, the extent of this Council capital funding required to support the scheme, will be established and secured through a further cabinet report. Investment from other affordable housing investors should the Council decide not to invest in all of the affordable housing being developed. Development partner finance, the level of which and timing will be established through a partner procurement process with the financial implications of the successful bid being brought back to cabinet. Affordable Housing Grant from the GLA. This funding is confirmed subject to achieving the necessary start on site conditions. Evidence should be provided to show that sufficient funding could be made Tier 1, Stage 2 – See above Cabinet Member Report –15 July 2021 Page 14 (Part 1 Public) Guidance requirement Section in Guidance Council’s response available immediately to cope with any acquisition resulting from a blight notice Paragraph 14 Details on the timing of the availability of the funding. Funding should generally be available now or early in the process. Tier 1, Stage 2 – Paragraph 14 (b) See above Demonstrate how the purpose for which the land is being acquired fits in with the adopted Local Plan for the area or, where no such up to date Local Plan exists, with the draft Local Plan and the National Planning Policy Framework Tier 2, Section 1 - Paragraph 76 The Development complies with the policies of the Local Plan, the London Plan and the NPPF. Whether the purpose for which the acquiring authority is proposing to acquire the Order Land could be achieved by any other means. Tier 2, Section 1 - Paragraph 76 If there is no certainty of securing all land interests through private treaty agreements, without which the Development would not be delivered, it may be considered necessary, appropriate and in the public interest to make and seek confirmation of the Order.
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Executive Decision Notice – 23 July 2021 Page 1 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk OFFICIAL EXECUTIVE DECISION NOTICE PUBLISHED BY DEMOCRATIC SERVICES Notice is hereby given that the following decision(s) have been made today by Cabinet Members at the London Borough of Hillingdon: Title of decision Hayes Regeneration: In principle agreement to seek compulsory purchase powers Reference No. 228 Date of decision 23 July 2021 Call-in expiry date 5pm, on 30 July 2021 Relevant Select Committee(s) Environment, Housing & Regeneration Relevant Ward(s) Townfield Decision made Cabinet Members making the decision Cllr Ian Edwards – Leader of the Council Cllr Jonathan Bianco – Cabinet Member for Property and Infrastructure Cllr Eddie Lavery – Cabinet Member for Environment, Housing and Regeneration Cllr Martin Goddard – Cabinet Member for Finance DECISION APPROVED That the Leader of the Council , Cabinet Member for Property and Infrastructure, Cabinet Member for Environment, Housing and Regeneration and the Cabinet Member for Finance: 1) Notes the positive result of the Residents’ Ballot that was conc luded on 21 st May in relation to the redevelopment proposals for the Hayes Town Centre and Avondale Drive estates. 2) Notes that delegated authority was granted on 17th June 2021 to the Leader of the Council and Cabinet Members for Property Infrastructure, Environment, Housing and Regeneration and Finance in consultation with the Corporate Director of Infrastructure, Transport & Building Services, to Executive Decision Notice – 23 July 2021 Page 2 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk make any further decisions necessary to implement the Hayes Estate Regeneration project. 3) Notes that the Council will continue to use all reasonable endeavours to acquire, by negotiation, the various land interests affected by the compulsory purchase order and to complete the acquisitions and disposals of land as necessary. 4) Notes that the Council will, if n ecessary, seek to exercise its powers under section 226(1)(a) of the Town and Country Planning Act 1990 through the drafting of a compulsory purchase order (“Order”) to acquire interests in land to enable the delivery of the redevelopment of Hayes Town Centre Estate and Avondale Drive Estate. 5) Requests that the Corporate Director of Infrastructure, Transport & Building Services commences the preparatory work required for the making of any compulsory purchase order including (but not limited to) the completion of a land referencing exercise and the preparation of one or more draft compulsory purchase orders and accompanying documents; and 6) Notes that a further report may be brought at a later date to seek a recommendation to the Cabinet for authority to secure the making, confirmation and implementation of one or more compulsory purchase orders in respect of the redevelopment Reason for decision Further to the Cabinet report of 17 June 2021 Cabinet will be aware that a Residents’ Ballot has been completed to establish resident’s preferred options in relation to the redevelopment proposals for the Hayes Town Centre and Avondale Drive estates (“Estates”). The Council’s objective is to address concerns about the quality and longevity of the homes within the Estates, and wishes to maximise the opportunities to provide n ew high quality housing, including affordable housing, in the Borough and enhancing place-making around Hayes town centre. The Council has commenced negotiations with affected landowners to acquire their interests in the Estates but in the event that those negotiations are not likely to be concluded within a reasonable timescale to allow timely progression of the redevelopment proposals, the Council may need to exercise its compulsory purchase powers. The decision to use compulsory purchase powers will be a s a last resort but Executive Decision Notice – 23 July 2021 Page 3 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Cabinet’s in -principle authority to exercise those powers is being sought. Alternative options considered and rejected The alternative option would be not to go ahead with the redevelopment of the Estates, despite the positive resu lt of the Residents’ Ballot. This would not be optimal because it does not address the Council’s objective of maximising the opportunities to provide new high- quality housing and of enhancing place-making around Hayes town centre. Further, it does not address issues of crime and antisocial behaviour that are current concerns raised by residents of the Estates. The opportunity to take advantage of funding from the GLA would also be missed as this is only available for new build development. As noted in the C abinet report of 17 June 2021 one of the risks involved in these decisions include the risk associated with failing to secure a development partner on terms that achieve a viable scheme for the Council and the risk of failing to secure all of the third- par ty interests needed to progress the scheme in line with the development timetable. To remove the risk of failing to secure all of the interests within the Estates held by third parties by agreement, it may be necessary for the Council to exercise its compulsory purchase powers. Classification Public Link to associated report here. Relevant Officer contact & Directorate Perry Scott, Corporate Director of Infrastructure, Transport & Building Services Any interest declared by the Cabinet Member(s) / dispensation granted N/A Implementation of decision & scrutiny call-in [Internal Use only] When can this decision be implemented by officers? Officers can implement Cabinet Member decision in this notice only from the expiry of the scrutiny call-in period which is: 5pm, on Friday 30 July 2021 However, this is subject to the decision not being called in by Councillors on the relevant Select Committee. Upon receipt of a valid call-in request, Democratic Services will immediately advise the relevant officer(s) and the decision must then be put on hold. Executive Decision Notice – 23 July 2021 Page 4 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Councillor scrutiny call- in of this decision Councillors on the relevant Select Committee shown in this notice may request to call-in this decision. The request must be before the expiry of the scrutiny call-in period above. Councillors should use the Scrutiny Call-in App (link below) on their devices to initiate any call-in request. Further advice can be sought from Democratic Services if required: Scrutiny Call-In - Power Apps (secure) Further information These decisions, where applicable, have been taken under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. This is the formal notice by the Council of the above executive decision, including links to the reports where applicable. If you would like more information on this decision, please contact Democratic Services on 01895 250636 or email: democratic@hillingdon.gov.uk. Circulation of this decision notice is to a variety of people including Members of the Council, Corporate Directors, Officers, Group Secretariats and the Public. Copies are also placed on the Council’s website. Democratic Services London Borough of Hillingdon Civic Centre High Street Uxbridge UB8 1UW