DECISION

In relation to the Order, to:

1.    Agree that there is a compelling case in the public interest to justify the making of the Order to include interests that must be acquired to facilitate the redevelopment of the Order Land for the reasons detailed in the Report;

2.    Agree that the public interest in enabling the development of the Order Land to proceed outweighs the interference with relevant rights under the European Convention on Human Rights as discussed in the Report;

3.    Resolve, further to the Cabinet report dated 31 January 2024, to make the Order to include all land interests within the red line boundaries shown on the plan at Appendix 1 to the report and any other new rights or third-party rights necessary in order to facilitate the regeneration of the Order Land by the Council to provide new and improved housing, and community facility;

4.    Delegate authority to the Corporate Director of Housing and Regeneration and the Director of Legal Services and Monitoring Officer (in consultation with the Mayor) the power to effect the making, confirming and implementation of the Order;

5.    Delegate authority to the Corporate Director of Housing and Regeneration and the Director of Legal Services and Monitoring Officer (in consultation with the Mayor) to take all necessary steps to give effect to the Order, including, but not limited to, the following procedural steps:

(a) Progressing and finalising the Statement of Reasons to properly reflect the Council's position regarding the Order so as to properly present the Council's case;

(b) Making any reductions and/or amendments, if necessary, to the extent of the land included in the draft Order Map annexed at Appendix 1 or to effect the withdrawal of objections to the Order;

(c) Preparing and making the Order and Schedule to the Order;

(d) Power to remove from the Order any interest no longer required to be compulsorily acquired and to amend interests in the Schedule to the Order (if so advised) and to request that the Secretary of State makes any changes to the Order prior to confirmation as may be appropriate;

(e) Publicising and serving any press, site and individual notices and other correspondence for such making of the Order;

(f) Making any ancillary orders and the exercise of any of the Council's planning functions to give effect to the Order;

(g) Paying all costs associated with making the Order, including the compensation payable to landowners;

(h) Appointing external consultants to assess, agree and pay any compensation and claims arising from redevelopment of the Order Land pursuant to the Order; (i) Seeking confirmation of the Order by the Secretary of State, including the preparation and presentation of the Council's case to the Secretary of State / Inspectors as necessary or, if permitted by the Secretary of State pursuant to Section 14A of the Acquisition of Land Act 1981 (the 1981 Act), to confirm the Order;

(j) Appointing a professional team, including legal professionals and experts, and assembling any witnesses necessary to assist the Council in the preparation and presentation of the Council's case at a Public Inquiry (if any);

(k) Publicising and serving notices of confirmation of the Order and thereafter to execute and serve any General Vesting Declarations and/or notices to treat and notices of entry, and any other notices or correspondence to acquire those interests permitted by the Order; and

(l) Acquiring title to and/or taking possession of the Order Land and this shall include the power to take all necessary statutory procedural steps required to facilitate such acquisition of title and possession of the Order Land;

6.    Delegate authority to the Corporate Director of Housing and Regeneration and the Director of Legal Services and Monitoring Officer (in consultation with the Mayor), to agree the terms of and enter into any documentation required to settle any property matters necessary to progress the Scheme, including, but not limited to:

(a) negotiating and monitoring of agreements with landowners and/or statutory undertakers as applicable;

(b) setting out the terms for withdrawal of any objections to the Order, including where appropriate seeking exclusion of land or new rights from the Order; and

(c) referral and conduct of disputes relating to compensation payable pursuant to the Order at the Upper Tribunal (Lands Chamber);

In relation to the appropriation to:

7.    Acknowledge that further to Cabinet's decision on 31 January 2024 and subject to consent first being given by the Secretary of State in respect of the appropriation, the Council shall rely on powers of appropriation in section 203 of the Housing and Planning Act 2016 to override existing rights over the Estate.

Action by

CORPORATE DIRECTOR Housing & Regeneration (D. JOYCE)

Housing Regeneration Manager (J. Walsh)

This item was considered together with Item 6.9 ‘Harriott, Apsley & Pattison (HAP) Houses Regeneration Scheme - Two Stage Tender Negotiation’ and the combined minute is presented here.

Councillor Kabir Ahmed, Councillor Kabir Ahmed (Cabinet Member for Regeneration, Inclusive Development and Housebuilding) introduced the report that sought authorisation for Officers to make, seek confirmation and give effect to a Compulsory Purchase Order (the Order) from the Secretary of State, which will empower the London Borough of Tower Hamlets (the Council) to acquire property interests within the land known as the Harriott, Apsley & Pattison Houses (HAP Houses). He explained how this would help facilitate the Council's proposed regeneration of the area with a proposed development comprising a residential-led mixed-use development, comprising the delivery of more than 400 new homes and a new community centre and two community buildings.

Councillor Ahmed also introduced the report for Item 6.9, that sought agreement to negotiate the second stage price with the selected bidder following their successful first stage tender submission and appointment to complete the Pre-Construction Services Agreement.

The Mayor and Cabinet welcomed the reports and in particular the proposal to increase the supply of affordable homes in the borough, helping to reduce overcrowding and pressure on housing waiting lists.

The Mayor noted some references to members were out of date in the report’s appendices and asked that any such references are reviewed and updated as necessary prior to any further consultation or promotion regarding the HAP Regeneration Scheme. 

RESOLVED that the Mayor in Cabinet:

In relation to the Order:

1. Agrees that there is a compelling case in the public interest to justify the making of the Order to include interests that must be acquired to facilitate the redevelopment of the Order Land for the reasons detailed in the Report;

2. Agrees that the public interest in enabling the development of the Order Land to proceed outweighs the interference with relevant rights under the European Convention on Human Rights as discussed in the Report;

3. Resolves, further to the Cabinet report dated 31 January 2024, to make the Order to include all land interests within the red line boundaries shown on the plan at Appendix 1 to the report and any other new rights or third-party rights necessary in order to facilitate the regeneration of the Order Land by the Council to provide new and improved housing, and community facility;

4. Delegates authority to the Corporate Director of Housing and Regeneration and the Director of Legal Services and Monitoring Officer (in consultation with the Mayor) the power to effect the making, confirming and implementation of the Order;

5. Delegates authority to the Corporate Director of Housing and Regeneration and the Director of Legal Services and Monitoring Officer (in consultation with the Mayor) to take all necessary steps to give effect to the Order, including, but not limited to, the following procedural steps:

(a) Progressing and finalising the Statement of Reasons to properly reflect the Council's position regarding the Order so as to properly present the Council's case;

(b) Making any reductions and/or amendments, if necessary, to the extent of the land included in the draft Order Map annexed at Appendix 1 or to effect the withdrawal of objections to the Order;

(c) Preparing and making the Order and Schedule to the Order;

(d) Power to remove from the Order any interest no longer required to be compulsorily acquired and to amend interests in the Schedule to the Order (if so advised) and to request that the Secretary of State makes any changes to the Order prior to confirmation as may be appropriate;

(e) Publicising and serving any press, site and individual notices and other correspondence for such making of the Order;

(f) Making any ancillary orders and the exercise of any of the Council's planning functions to give effect to the Order;

(g) Paying all costs associated with making the Order, including the compensation payable to landowners;

(h) Appointing external consultants to assess, agree and pay any compensation and claims arising from redevelopment of the Order Land pursuant to the Order; (i) Seeking confirmation of the Order by the Secretary of State, including the preparation and presentation of the Council's case to the Secretary of State / Inspectors as necessary or, if permitted by the Secretary of State pursuant to Section 14A of the Acquisition of Land Act 1981 (the 1981 Act), to confirm the Order;

(j) Appointing a professional team, including legal professionals and experts, and assembling any witnesses necessary to assist the Council in the preparation and presentation of the Council's case at a Public Inquiry (if any);

(k) Publicising and serving notices of confirmation of the Order and thereafter to execute and serve any General Vesting Declarations and/or notices to treat and notices of entry, and any other notices or correspondence to acquire those interests permitted by the Order; and

(l) Acquiring title to and/or taking possession of the Order Land and this shall include the power to take all necessary statutory procedural steps required to facilitate such acquisition of title and possession of the Order Land;

6. Delegates authority to the Corporate Director of Housing and Regeneration and the Director of Legal Services and Monitoring Officer (in consultation with the Mayor), to agree the terms of and enter into any documentation required to settle any property matters necessary to progress the Scheme, including, but not limited to:

(a) negotiating and monitoring of agreements with landowners and/or statutory undertakers as applicable;

(b) setting out the terms for withdrawal of any objections to the Order, including where appropriate seeking exclusion of land or new rights from the Order; and

(c) referral and conduct of disputes relating to compensation payable pursuant to the Order at the Upper Tribunal (Lands Chamber);

In relation to the appropriation:

7. Acknowledges that further to Cabinet's decision on 31 January 2024 and subject to consent first being given by the Secretary of State in respect of the appropriation, the Council shall rely on powers of appropriation in section 203 of the Housing and Planning Act 2016 to override existing rights over the Estate.