Hillingdon Council Cabinet Member and Officer Decisions
Hayes Estate Regeneration – appropriation of Land for Planning Purposes
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Location: Phase II
Ext: 7655
DDI: 01895 277655
CMD No: 1167
To: COUNCILLOR IAN EDWARDS
LEADER OF THE COUNCIL
COUNCILLOR MARTIN GODDARD
CABINET MEMBER FOR FINANCE
COUNCILLOR JONATHAN BIANCO
CABINET MEMBER FOR PROPERTY, HIGHWAYS
& TRANSPORT
COUNCILLOR EDDIE LAVERY
CABINET MEMBER FOR RESIDENTS’ SERVICES
c.c. All Members of the Residents’ Services Select
Committee
c.c. Michael Naughton, Place Directorate
c.c. Karrie Whelan – Corporate Director of Place
Date: 11 July 2024
Non-Key Decision request Form D
HAYES ESTATE REGENERATION: APPROPRIATION OF LAND FOR
PLANNING PURPOSES
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 19 July 2024 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 to me when you have made your decision. I will then
arrange for the formal notice of decision to be published.
Anisha Teji
Democratic Services
Title of Report: Hayes Estate Regeneration: Appropriation of Land For Planning Purposes
Decision made:
Reasons for your decision: (e.g. as stated in report)
Alternatives considered and rejected: (e.g. as stated in report)
Signed ……………………………………………………… Date……………………..
Leader of the Council/ Cabinet Member for Finance / Cabinet Member for Property, Highways
& Transport/ Cabinet Member for Residents’ Services
Cabinet Member Report – 11 July 2024
Classification: Public
HAYES ESTATE REGENERATION: APPROPRIATION OF LAND FOR
PLANNING PURPOSES
Cabinet Member(s) Councillor Ian Edwards
Councillor Jonathan Bianco
Councillor Eddie Lavery
Councillor Martin Goddard
Cabinet Portfolio(s) Leader of the Council
Cabinet Member for Property, Highways & Transport
Cabinet Member for Residents’ Services
Cabinet Member for Finance
Officer Contact(s) Michael Naughton, Place Directorate
Papers with report None
PUBLIC/PRIVATE
This report is public, but it contains a confidential (exempt)
appendix in Part 2.
HEADLINES
Summary
Cabinet Members are requested to approve the appropriation of
the Hayes Town Centre phase 1 site for planning purposes, to
support the ongoing delivery of Hayes Regeneration Project.
Putting our
Residents First
Delivering on the
Council Strategy
2022-2026
This report supports our ambition for residents / the Council of:
Live in good quality, affordable homes in connected communities
This report supports our commitments to residents of:
Thriving, Healthy Households
The regeneration of the Hayes Town Centre estate also
contributes to the Council’s Housing Strategy 2021/22-2025/26.
Financial Cost The potential financial cost to the Council is set out in Appendix 1
Select Committee Residents’ Services Select Committee
Ward(s) Hayes Town
Cabinet Member Report – 11 July 2024
Classification: Public
RECOMMENDATIONS
That the Leader of the Council and Cabinet Members:
1. A pprove the appropriation of the Hayes Town Centre phase 1 Site (“Phase 1 Site“)
for planning purposes pursuant to section 122(1) Local Government Act 1972 and
section 227 Town and Country Planning Act 1990, to facilitate the use of powers
available to a local authority within Section 203 Housing and Planning Act 2016
('2016 Act') to override covenants that affect land and potential rights to light that
benefit neighbouring properties that may be infringed by the construction of phase
1.
2. Authorise the Corporate Director of Place:
a. To deal with any necessary arrangements to record the appropriation of the
land included within the Phase 1 Site for planning purposes ”) including the
transfer of the Phase 1 Site from the Housing Revenue Account (HRA) to the
General Fund account (GF) at the current red book value; and
b. To negotiate and enter into agreements by deed and payment of any
compensation for the release of third -party rights affected by the
development of the Phase 1 Site where this can be achieved on reasonable
terms within a reasonable timescale; or
c. To take all necessary steps to settle any claims for compensation under
section 204 of the Housing and Planning Act 2016.
Reasons for recommendation
Approval of these recommendations enables the Council to move forward with the regeneration
of Phase 1 of the Hayes Town Centre estate as per previous Cabinet Reports on 22 October
2020 and 17 June 2021, the Preferred Bidder for Development Agreement of March 2022 and
Contract award of July 2022, the Appointment of Consultants of April 2023 and further the actions
of the Compulsory Purchase process as agreed by the Cabinet on 11th November 2021.
This is in line with the Council’s objectives in terms of addressing concerns about the quality and
longevity of the homes, delivering excellent resident engagement, maximising the opportunities
to provide new high-quality housing, including affordable housing in the Borough and enhancing
place-making around Hayes Town Centre.
Alternative options considered / risk management
Alternative options including the taking out of an insurance policy would likely incur additional cost
to the Council and also would not remove the risk of injunction by affected landowners.
The Council has taken specialist external legal advice on the appropriation process to minimise
risk of challenge.
Cabinet Member Report – 11 July 2024
Classification: Public
Democratic compliance / previous authority
Previous delegated authority on the Hayes Regeneration Project exists from Cabinet in June
2021 t o the Leader of the Council and relevant Cabinet Members, set out in this report, in order
to make this decision.
Select Committee comments
None at this stage.
SUPPORTING INFORMATION
Background
Hayes Town Centre Estate, sometimes known as Austin Road 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
bedroomed homes.
In response to concerns raised by residents about building condition and anti-social behaviour on
these estates, the Council has been exploring ways to improve the standard of residential
provision for current residents. It has also taken into account the opportunity to deliver additional
housing supply and a high-quality public realm, which is in line with its planning policies for Hayes
Town Centre, the Hayes Housing Zone and the Borough generally.
Working in line with Greater London Authority (GLA) and Ministry for Housing, Communities and
Local Government (MHCLG) good practice guidance, the Council undertook a formal Options
Appraisal exercise in the summer of 2020 to look at the potential options that would achieve the
objectives above. As a result, in October 2020 the Cabinet agreed that officers should undertake
further design work on a redevelopment option for both estates in consultation with residents, with
final proposals on the re- housing offer and indicative design to be put to residents in a GLA
compliant resident ballot.
Current status
The Residents Ballot in April 2021 was a confirmation of “Yes” from both Resident communities,
so the Council made a compulsory purchas e order in respect of the Estate to assist with land
assembly and progressed the appointment of a Development Agreement, which the Council
awarded in September 2022 and works have commenced. Higgins now wish to amend its terms
so that the Council takes on responsibility for risks such as third -party claims in relation to
interference with rights to light. The Estates are currently held within the Council’s Housing
Revenue Account. Cabinet members approved to proceed with the process to appropriate the
site in early April 2024.
Construction at the HTC phase 1 site is continuing at pace, with piling having almost completed
and works will start on the superstructure works imminently. The super structure is planned to
Cabinet Member Report – 11 July 2024
Classification: Public
complete by August 2024, by which time it is likely that any rights to light infringements will have
taken place.
Appropriation for Planning Purposes
Section 122 of the Local Government Act 1972 (“the Local Government Act”) enables the Council
to appropriate land which belongs to the Council for any statutory purpose for which it is
authorised to acquire land and which is no longer required for the purpose for which it is held
immediately before the appropriation. The Phase 1 Site is currently held within the HRA and i n
the case of housing land, the requirements are subject to section 19 of the Housing Act 1985
which provides that no part of the land con sisting of a house or part of a house (acquired for
housing purposes) should be appropriated without consent of the Secretary of State – as all
buildings at the Phase 1 Site are demolished, no consent is needed from the Secretary of State.
The Council must, therefore, consider whether the Land is no longer needed for the purpose for
which it is so held if it is to be appropriated.
The meaning of the words “no longer required for the purpose for which it was held immediately
before the appropriation” was considered by the Courts in the context of the predecessor to
section 122. In that instance “not required” was held to mean “not needed in the public interest of
the locality”. The Phase 1 Site is no longer considered to be held within the HRA as it is a cleared
site.
Appropriation of the land for “planning purposes” (in order to engage the provisions of sections
203 – 205 Housing and Planning Act 2016 (“the 2016 Act”)) requires the Council to consider the
following factors whether;
a. the appropriation will facilitate the carrying out of development, re- development or
improvement on or in relation to the Land or is required for a purpose which it is
necessary to achieve in the interests of the proper planning of an area in which the
Land is situated;
b. the proposed development, re- development or improvement will contribute to the
promotion or improvement of the economic, social and/or environmental well- being
of the area;
c. it is in the public interest that the proposed development should be carried out,
having regard to the provisions of the development plan, whether planning
permission is in force and any other considerations that would be material to the
determination of a planning application for development of the Land;
d. as noted above, the Land is no longer required for the original purpose for which it
was acquired
e. rights capable of being overridden by sections 203 - 205 of the 2016 Act exist and
whether interference with such rights is necessary
Planning purposes” is defined in section 246(1) of the Town and Country 1990 Act (“the 1990
Act”) and acquisition for such purposes includes acquisition under section 226 or 227 of the 1990
Act.
Where land is appropriated for planning purposes, it is then held by the Council under the
statutory provisions of Part 9 of the 1990 Act. The consequence (by virtue of section 203 - 205 of
Cabinet Member Report – 11 July 2024
Classification: Public
the 2016 Act) is that the erection, construction or carrying out of any maintenance or any building
or work on the land and subsequent use of the land is authorised under those planning powers,
if the works are carried out in accordance with planning permi ssion, even if they interfere with
third party rights.
The purpose of section 203 - 205 of the 2016 Act is to ensure that where land has been
appropriated for planning purposes, and provided that work is carried out in accordance with
planning permission, then existing rights, which could prevent the development of that land from
proceeding, can be overridden. The rights are overridden whether the Local Authority or a person
deriving title from it undertakes the development. Persons who would otherwise benefit from
those rights are entitled to claim compensation for the interference with them (Section 204 of the
Housing and Planning Act 2016).
It is considered reasonable for the Council to use its powers in this case to appropriate the Land
for planning purposes as the appropriation will facilitate the carrying out of development and
improvement to the land and contribute to the promotion of the economic, environmental or social
well-being of the Borough. The development programme for which the Land is required will deliver
much needed new housing, including affordable housing, and new public realm and landscaping.
Therefore, it can be stated that the new development is likely to contribute to the economic, social
or environmental well-being of the area.
The Human Rights Act 1998 (“the 1998 Act”) prevents public authorities from acting in a way that
is incompatible with rights protected by the 1998 Act. Of particular relevance to the acquisition of
interests in land or overriding of interests/rights in land are Article 8 of the European Convention
regarding respect for privacy and family life and Article 1 of the First Protocol which concerns the
protection of property.
Such rights are qualified rights and may therefore be overridden where it is considered that the
interference with these rights are proportionate and that the interference is necessary in the
interests of, amongst other things, national economic wellbeing. However, compensation could
be payable in relation to interference with property rights. The proposed appropriation of the Land
has been advertised and all local residents/occupiers whose private rights may be infringed by
the proposed development of the Phase 1 Site (informed by a report prepared by EB7) have been
informed of the proposals. No representations have been received.
In considering this appropriation, the Council should carefully consider the balance to be struck
between individual rights and the wider public interest. The Cabinet , in making this decision will
need to consider if the significant public benefits to be derived from the proposed development of
the Phase 1 Site are of sufficient magnitude to justify the appropriation. The Cabinet had to
consider the same matters when deciding whether or not to make the compulsory purchase order
to assemble the land.
Appropriation from the General Fund (for planning purposes) back to the HRA –Town
and Country Planning Act 1990.
The Council has the power to appropriate part of the Land from planning purposes back to
housing purposes under section 232(1) of the 1990 Act and section 17 of the Housing Act 1985.
Cabinet Member Report – 11 July 2024
Classification: Public
Section 232(1) and (6) of the 1990 Act respectively provides that “where any land has been
acquired or appropriated by a local authority for planning purposes and is for the time being held
by them for the purposes for which it was so acquired or appropriated, the authority may
appropriate the land for any purpose for which they are or may be authorised in any capacity to
acquire land by virtue of or under any enactment not contained in this Part …..”
“In relation to any such land as is mentioned in subsection (1), this section shall have effect to the
exclusion of the provisions of section 122(1) of the Local Government Act 1972.”
The necessary power to acquire and hold land under Part II of the 1985 Act is provided by section
17 of the 1985 Act as it stipulates that:-
“a local housing authority may for the purposes of this Part acquire land as a site for the erection
of houses, acquire land proposed to be used for any purpose authorised by sections 11, 12 and
15(1) (facilities provided in connection with housing accommodation)”.
Sub-section 17(2) provides that “the power conferred by subsection (1) includes power to acquire
land for the purpose of disposing of houses provided, or to be provided, on the land or of disposing
of the land to a person who intends to provide housing accommodation on it or facilities which
serve beneficial purpose in connection with the requirements of persons for whom housing
accommodation is provided”
The fact that the Council intends to develop the land for housing satisfies the requirement of
relative need for the site to be held for housing purposes as greater than the need for it to be held
for planning purposes.
RESIDENT BENEFIT & CONSULTATION
The benefit or impact upon Hillingdon residents, service users and communities
The benefits of the scheme to Hillingdon residents have been set out in previous Cabinet reports
prior to Cabinet approval for the commencement of the procurement exercise.
Consultation carried out or required
Extensive consultation was undertaken with residents in the run up to the successful ballot and
as part of the process of submitting the two hybrid planning applications. The ballot results
demonstrate a great deal of support for the redevelopment plans and a keenness for the Council
to deliver transformation quickly.
Specific consultation on the planned appropriation has been carried out, with notices
erected on
the site and letters sent to the affected landowners, advising them of the planned appropriation.
Cabinet Member Report – 11 July 2024
Classification: Public
No representations have been made by the affected landowners (or any other landowners) following
their being notified in early April, of the planned appropriation. They were given 2 weeks to respond,
with a deadline of 26th April.
CORPORATE CONSIDERATIONS
Corporate Finance
There are no direct financial implications arising from an appropriation of the Land for planning
purposes from the Housing Revenue to the General Fund, or back to the Housing Revenue
Account for housing purposes.
Legal
The Council has obtained specialist legal advice from an external firm in respect of the
appropriation which is set out within the body of this report.
BACKGROUND PAPERS
None.
View Decision / Minutes Text
Executive Decision Notice – 8 August 2024
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 ESTATE REGENERATION: APPROPRIATION OF
LAND FOR PLANNING PURPOSES
Reference No. 1167
Date of decision Thursday 8 August 2024
Call-in expiry date Thursday 15 August 2024
Relevant Select
Committee
Residents’ Services Select Committee
Relevant Wards Hayes Town
Decision made
Cabinet Members
making the decision
Councillor Ian Edwards – Leader of the Council
Councillor Eddie Lavery – Cabinet Member for Residents’
Services
Councillor Jonathan Bianco – C abinet Member for Propert y,
Highways & Transport
Councillor Martin Goddard – Cabinet Member for Finance
Decision Approved
That the Leader of the Council and Cabinet Members:
1. A pproved the appropriation of the Hayes Town
Centre phase 1 S ite (“Phase 1 Site“) for planning
purposes pursuant to section 122(1) Local
Government Act 1972 and section 227 Town and
Country Planning Act 1990 , to facilitate the use of
powers available to a local authority within Section
203 Housing and Planning Act 2016 ('2016 Act') to
override covenants that affect land and potential
rights to light that benefit neighbouring properties
that may be infringed by the construction of phase 1.
2. Authorised the Corporate Director of Place:
a. To deal with any necessary arrangements to
record the appropriation of the land included
within the Phase 1 Site for planning
purposes”) including the transfer of the Phase
1 Site from the Housing Revenue Account
(HRA) to the General Fund account (GF) at the
current red book value; and
Executive Decision Notice – 8 August 2024
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
b. To negotiate and enter into agreements by
deed and payment of any compensation for the
release of third -party rights affected by the
development of the Phase 1 Site where this can
be achieved on reasonable terms within a
reasonable timescale; or
c. To take all necessary steps to settle any claims
for compensation under section 204 of the
Housing and Planning Act 2016.
Reason for decision These recommend ations enable the Council to move forward
with the regeneration of Phase 1 of the Hayes Town Centre
estate as per previous Cabinet Reports on 22 October 2020 and
17 June 2021, the Preferred Bidder for Development Agreement
of March 2022 and Contract award of July 2022, the
Appointment of Consultants of April 2023 and further the actions
of the Compulsory Purchase process as agreed by the Cabinet
on 11th November 2021.
This is in line with the Council’s objectives in terms of addressing
concerns about the quality and longevity of the homes,
delivering excellent resident engagement, maximising the
opportunities to provide new high- quality housing, including
affordable housing in the Borough and enhancing place-making
around Hayes Town Centre.
Alternative options
considered and
rejected
Alternative options including the taking out of an insurance
policy would likely incur additional cost to the Council and also
would not remove the risk of injunction by affected landowners.
The Council has taken specialist external legal advice on the
appropriation process to minimise risk of challenge.
Classification Part I - Public
Link to associated
report
Here
Relevant Officer
contact & Directorate
Michael Naughton, Place Directorate
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 Thursday 15 August 2024
Executive Decision Notice – 8 August 2024
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
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.
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:
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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.
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