Agenda item
Progressing Leaseholder Buy Backs to Enable RSL Regeneration Schemes
Minutes:
The Chair invited Councillor Tim Archer on behalf of the Call in Members to present his reasons for the Call in. He outlined the key issues that they held against the recommendations of the report.
Councillor Archer explained that the purpose of his Call in was not to delay but rather to scrutinise the process. He expressed concern at the decision to give delegated authority to an Officer, to agree the Compulsory Purchase Orders of up to 102 homes and businesses in the borough. Councillor Archer felt that a negotiated settlement should be the preferred option. In negotiations between freeholders/leaseholders and their respective Residential Landlords less than half had so far been agreed. If CPOs were ultimately required, each set of Orders should be reported to the Cabinet for approval
Committee members put their questions to Councillor Archer. Councillor Peter Golds enquired whether he had been approached by residents under threat. Councillor Archer informed him that a number of leaseholders had, with their main concern being that they will be forced into signing something that is not the best deal available to them.
Councillor Stephanie Eaton asked if Councillor Archer was aware of any proposals for residents to move back into their own homes after they had been refurbished. Councillor Archer explained that he understood they would not be able to move back into the properties they had vacated but understood the RSL was working with the Council in trying to find a solution.
Councillor Archer expressed the view that decisions should be based on known facts. He emphasised the need for sufficient accountability, with the final decision on this issue being taken in public, in order for members of the public to have the opportunity to hold Cabinet members accountable.
In his response to Councillor Archer’s Call in, Councillor Shafiqul Hoque outlined the key aspects of his tabled response. He explained that the Council recognised the severity of the Compulsory Purchase Order and that these required careful consideration. He further informed the Committee of the Council’s empowerment by law to make Compulsory Purchase Orders to acquire land, using the authority to assist housing associations.
Cllr Haque reiterated the point that a CPO would always be the last resort, to be preceded by vigorous attempts to buy the land by agreement.
Councillor Haque further explained that the RSLs would be supported and regularly monitored by Council officers to ensure compliance and that good practice is being followed in their dealings with the affected leaseholders, freeholders or shop owners. The Council would not make a Compulsory Purchase Order on an estate, unless satisfied that negotiations with every affected leaseholder were either progressing, or had reached the stage where they would not progress any further.
Questions were then posed to Councillor Haque from Committee members. Councillor Shahed Ali enquired about the length of a potential public enquiry if a resident insisted on taking this avenue. Councillor Haque explained that this opportunity was available but he was not in a position to specify a time frame.
Councillor Stephanie Eaton questioned why it was necessary to delegate authority to an officer at this stage. Councillor Haque responded explaining that for regeneration to occur correct measures must be in place, stating that officers had been given the power but to use as a final measure.
The Chair requested clarification of who undertook the valuation of the homes under compulsory purchase and who would be consulted on the matter. The Director of Housing Management, Maureen McEleney explained that a Leaseholder had the right to an Independent Valuation on the terms of the CPO.
Following discussion the Committee voted on whether to refer the item back to Cabinet for further consideration. It was RESOLVED
That the alternative course of action proposed in the call-in would not be pursued and no referral would be made to Cabinet.
Supporting documents:
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Call in Cover sheet Leaseholders Buy Backs, item 6.1
PDF 32 KB
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Leaseholder Buybacks Final2, item 6.1
PDF 94 KB