Agenda item

This report has one appendix which contains information exempt within the meaning of Schedule 12A to the Local Government Act 1972 and is not for publication. The appendix has therefore been circulated to Cabinet Members only.

Any discussions on the contents of an exempt appendix will require Cabinet to pass the proposed resolution identified at the end of the agenda to exclude members of the public and the press the proceedings for that discussion.

That Cabinet:

1.         Notes that Appendix 1 is not for publication on the basis that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information) as set out in paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended).

2.         Approves a total Development capital budget, including contingencies, of £25,218,839 of which £1,802,000 has already been approved, to deliver the proposed new homes and to be funded through a combination of HRA borrowing, Right to Buy receipts and capital receipts from private sales as set out in exempt Appendix 1.

3.         Authorises the Strategic Head of Regeneration and Development to take decisions on expenditure against this contingency budget subject to the continued viability of the development.

4.             Approves the Procurement Strategy, as set out in Appendix 2, to procure a principal construction contractor, using a JCT standard form of building contract, on a design and build basis via the open Find a Tender Service (FTS) procurement route.

5.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to carry out the appropriate procedural steps to identify all rights affected and consider whether the area shown shaded yellow on the plan at Appendix 5 is no longer required for the current purpose for which it is held as specified in paragraphs 3 of the ‘Detailed Analysis’ section of this report.

6.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to appropriate that part of the Site shaded yellow for planning purposes pursuant to section 122 of the Local Government Act 1972 as it will facilitate the carrying out of redevelopment of the Site pursuant to section 226(1)(a) of the Town and Country Planning Act 1990)on being satisfied that  the specified area is surplus and is no longer necessary for the current purpose for which it is held .

7.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to carry out the appropriate procedural steps to identify all rights affected and consider whether the area shown shaded pink and edged blue on the plan at Appendix 5 is no longer required for the purposes for which it is currently held as specified in paragraph 3 of the ‘Detailed Analysis’ section of this report.

8.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to appropriate that part of the Site shaded blue for planning purposes pursuant to section 122 of the Local Government Act 1972 as it will facilitate  the carrying out of redevelopment in relation of the Site pursuant to section 226(1)(a) of the Town and Country Planning Act 1990) on being satisfied that the part of the Site shaded blue is no longer necessary for the current purpose for which it is held.

9.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director, Legal Services to take any necessary steps to resolve matters arising from the grant of planning permission, including the authority to enter into any associated legal agreements arising from the delivery of the development and enabling deeds and agreements with statutory utility providers, housing associations  and third parties including the surrender and re-grant of a lease on existing sub-station, highways agreements, apply for the stopping up or diversion of footpaths necessary to enable the Development to be carried out pursuant to section 257 of the Town and Country Planning Act 1990 and consider and decide any necessary appropriation to expedite and secure the best use of the land.

10.      Delegates authority to the Strategic Director for the Economy, inconsultation with the Assistant Director of Legal Services, to carry out such steps as are necessary to effect the appropriation and to  deal with the necessary arrangements to record the appropriation of the Site for planning purposes pursuant to section 122 of the Local Government Act 1972 including the transfer of the land shaded yellow on the plan attached at Appendix 5 from the Housing Revenue Account (HRA) to the General Fund account (GF); to negotiate and enter into agreements by deed and payment of compensation for the release of third-party rights where this can be achieved on reasonable terms within a reasonable timescale;  and the subsequent use of powers under Section 203 of the Housing and Planning Act 2016 in order to authorise any interference with easements, covenants and other rights in respect of the Site including authorisation to take all necessary steps required in relation to any associated claims, settlements relating to compensation under section 204 of the Housing and Planning Act 2016 and other legal agreements so as to enable the Development of the Site.

11.      Delegates authority to the Strategic Director for the Economy, inconsultation with the Assistant Director of Legal Services to note the responses to consultations undertaken by the Council in relation to the Development to carry out such further consultation as is appropriate and to take all such action as is appropriate to deal with any notice served in relation to the Site to facilitate the Development.

Councillor Andrew Jones introduced the report seeking approval for a capital budget, the procurement strategy for the principal construction contractor and the appropriation of the Site for planning purposes for its redevelopment. The proposed scheme would see the redevelopment of the Site, which currently included the West Kensington Tenants & Residents (TRA) Hall and a disused former Nursery. The development would provide 42 new homes, 21 (50%) affordable, and a replacement TRA Hall. The sustainability of the scheme had been maximised; designed to be built to Passivhaus certified standards, reducing onsite carbon emissions by 71% and delivering substantial energy savings to new residents.

As per the Farm Lane report, Councillor Jones added that the Council’s ambition was to maximise affordable housing across its development programme therefore, it would be looking in the future to increase its proportion.

Councillor Adronie Alford stated that she was happy with the scheme but had concerns about the heat pumps due to bad reviews from residents. It was important to ensure they worked properly.

The Leader acknowledged that heat pumps were a new technology and therefore the Council would be monitoring them closely to ensure good performance and reliability.

The Leader commended the report and praised Matt Rumble, Strategic Head of Regeneration & Development, for his excellent work on this scheme.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

That Cabinet:

1.         Notes that Appendix 1 is not for publication on the basis that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information) as set out in paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended).

2.         Approves a total Development capital budget, including contingencies, of £25,218,839 of which £1,802,000 has already been approved, to deliver the proposed new homes and to be funded through a combination of HRA borrowing, Right to Buy receipts and capital receipts from private sales as set out in exempt Appendix 1.

3.         Authorises the Strategic Head of Regeneration and Development to take decisions on expenditure against this contingency budget subject to the continued viability of the development.

4.              Approves the Procurement Strategy, as set out in Appendix 2, to procure a principal construction contractor, using a JCT standard form of building contract, on a design and build basis via the open Find a Tender Service (FTS) procurement route.

5.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to carry out the appropriate procedural steps to identify all rights affected and consider whether the area shown shaded yellow on the plan at Appendix 5 is no longer required for the current purpose for which it is held as specified in paragraphs 3 of the ‘Detailed Analysis’ section of this report.

6.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to appropriate that part of the Site shaded yellow for planning purposes pursuant to section 122 of the Local Government Act 1972 as it will facilitate the carrying out of redevelopment of the Site pursuant to section 226(1)(a) of the Town and Country Planning Act 1990)on being satisfied that  the specified area is surplus and is no longer necessary for the current purpose for which it is held .

7.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to carry out the appropriate procedural steps to identify all rights affected and consider whether the area shown shaded pink and edged blue on the plan at Appendix 5 is no longer required for the purposes for which it is currently held as specified in paragraph 3 of the ‘Detailed Analysis’ section of this report.

8.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to appropriate that part of the Site shaded blue for planning purposes pursuant to section 122 of the Local Government Act 1972 as it will facilitate  the carrying out of redevelopment in relation of the Site pursuant to section 226(1)(a) of the Town and Country Planning Act 1990) on being satisfied that the part of the Site shaded blue is no longer necessary for the current purpose for which it is held.

9.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director, Legal Services to take any necessary steps to resolve matters arising from the grant of planning permission, including the authority to enter into any associated legal agreements arising from the delivery of the development and enabling deeds and agreements with statutory utility providers, housing associations  and third parties including the surrender and re-grant of a lease on existing sub-station, highways agreements, apply for the stopping up or diversion of footpaths necessary to enable the Development to be carried out pursuant to section 257 of the Town and Country Planning Act 1990 and consider and decide any necessary appropriation to expedite and secure the best use of the land.

10.      Delegates authority to the Strategic Director for the Economy, inconsultation with the Assistant Director of Legal Services, to carry out such steps as are necessary to effect the appropriation and to  deal with the necessary arrangements to record the appropriation of the Site for planning purposes pursuant to section 122 of the Local Government Act 1972 including the transfer of the land shaded yellow on the plan attached at Appendix 5 from the Housing Revenue Account (HRA) to the General Fund account (GF); to negotiate and enter into agreements by deed and payment of compensation for the release of third-party rights where this can be achieved on reasonable terms within a reasonable timescale;  and the subsequent use of powers under Section 203 of the Housing and Planning Act 2016 in order to authorise any interference with easements, covenants and other rights in respect of the Site including authorisation to take all necessary steps required in relation to any associated claims, settlements relating to compensation under section 204 of the Housing and Planning Act 2016 and other legal agreements so as to enable the Development of the Site.

11.      Delegates authority to the Strategic Director for the Economy, inconsultation with the Assistant Director of Legal Services to note the responses to consultations undertaken by the Council in relation to the Development to carry out such further consultation as is appropriate and to take all such action as is appropriate to deal with any notice served in relation to the Site to facilitate the Development.