A report from the Director of Health, Housing and Adult Social Care and Director of Finance, Resources and Customer Services is attached. This seeks approval to progress the Alma Estate Regeneration as set out in the report. (Report No.132, agenda part two also refers). (Key decision – reference number 4003)
(8.45 – 8.50 pm)
Councillor Ahmet Oykener (Cabinet Member for Housing and Estate Regeneration) introduced the report of the Director of Health, Housing and Adult Social Care and Director of Finance, Resources and Customer Services (No.130) detailing the proposed Alma Estate Regeneration compulsory purchase order and additional land.
1. That Report No.132 also referred, as detailed in Minute No.20 below.
2. That this was an important step forward in the regeneration of the Alma Estate. The proposal to increase the boundary of the project by the inclusion of a number of adjoining sites, as set out in the report, would help to achieve greater regeneration benefits including additional housing. The provision of new homes would be 40% affordable housing.
3. That the compulsory purchase order (CPO) would only be used as a last resort should negotiations not be successful. Vacant possession of the development area could not be guaranteed without a CPO in place.
Alternative Options Considered: To seek CPO powers for individual phases of the development. This approach did not reflect the comprehensive development approach being adopted for the regeneration scheme. Negotiations to acquire land and property interests had been pursued and would continue to be pursued in tandem with the compulsory purchase process. To protect the Council’s position should negotiations become protracted and to ensure vacant possession, it was prudent for the Council to obtain CPO powers. If the Council decided not to seek CPO powers, the delivery of the whole regeneration would be significantly undermined as there would be a very high risk that vacant possession would not be achieved within the timescales as leaseholders might decide to not sell back, or hold out for unreasonable and unrealistic offers from the Council.
DECISION: The Cabinet agreed to
1. Approve the inclusion of five additional land parcels to form part of the Alma Estate development, as detailed in Appendix 3 to the report.
2. Subject to 1 above, to approve the boundary of the CPO plan set out in Appendix 1 to the report to include these five additional parcels within the Order Land.
3. Note the draft Statement of Reasons (detailed in Appendix 2 to the report) which set out the justification for making the London Borough of Enfield (Alma Estate Regeneration) Compulsory Purchase Order 2014 in relation to the Order Land.
4. Resolve to use Compulsory Purchase Order powers under section 226 1 (a) of the Town and Country Planning Act 1990 (as amended) to make the London Borough of Enfield (Alma Estate Regeneration) Compulsory Purchase Order 2014 in respect of the land shown edged red on the Plan attached at Appendix 1 of the report to effect acquisition of land and new rights within the areas described in the report and shown edged red on the Plan (the proposed “Order Land”). The Council being of the view that the proposed acquisition of the Order Land would:
(a) Facilitate the carrying out of the development/redevelopment or improvement on or in relation to the Order Land; and
(b) Would contribute to the promotion or improvement of the economic, social and environmental well-being of the Borough.
5. Delegate authority to the Director of Health, Housing and Adult Social Care, acting in consultation with the Director of Finance, Resources and Customer Services, to take all the necessary steps consequent to the making of the London Borough of Enfield (Alma Estate Regeneration) Compulsory Purchase Order 2014 on the basis that there was a compelling case in the public interest to make the Oder, including:
(a) To publish the draft London Borough of Enfield (Alma Estate Regeneration) Compulsory Purchase Order 2014, to seek confirmation of the Secretary of State and if confirmed, implement the Order.
(b) To modify the draft Statement of Reasons and the Order Plan and effect any other procedural requirements including (but not limited to) the publication and service of all notices and the presentation of the Council’s case at any public inquiry.
(c) To acquire any interests in land within the Order area by agreement and the making of payments equivalent to the market value of the property interest being acquired plus any statutory payments and disturbance compensation or the provision of property or services in lieu of the market value of the property interest being acquired and any statutory payments and disturbance compensation, in contemplation of the Order being made.
(d) If and when the Order was confirmed then to acquire by compulsion and make payments of statutory compensation, if voluntary agreements could not be reached.
Reason: The inclusion of additional sites would enable the Council to achieve more comprehensive regeneration of Ponders End. In addition, the inclusion of these additional sites within the Alma Regeneration Programme could deliver between 200 and 250 additional homes in the Ponders End area and increase the overall Alma development numbers from the previously proposed 794 to in excess of 1000 homes and new community facilities. The Compulsory Purchase Order was required to provide the Council with a legal option to ensure that it could commit to obtaining vacant possession of the Alma Regeneration Land, as obligated in the Development Agreement, prior to the phased handover to Countryside Properties to commence demolition and construction and ultimately to support delivery of the regeneration scheme. The CPO provides the Council with a fall-back position should it not be able to buy back leasehold interests via negotiation or reach agreement with other parties with an interest in the Order Land. The CPO would also ensure that public money was spent fairly and consistently.
(Key decision – reference number 4003)