The Mayor stated that he wished to review the Indemnity Agreement before it was signed to ensure that it covered all the points that had been raised in the meeting (to be set out in the minutes) and therefore agreed the recommendations with that amendment.

DECISION

2.1      To agree the making, confirming and implementation of a Compulsory Purchase Order (CPO) to include specific land interests that must be acquired to facilitate the redevelopment by Poplar HARCA of Aberfeldy Estate phases 3-6, to provide new housing and estate regeneration.

2.2      Subject to recommendation 2.6, delegate to the Corporate Director of Development and Renewal, after consultation with the Director of Law, Probity and Governance (or their nominee), the power to effect the making, confirming and implementation of the CPO and to take all necessary steps to give effect to the CPO in respect of the land shown edged red on the plan at Appendix 1 including, but not limited to, the following procedural steps:

2.2.1         Acquiring all known interests in land and any additional interests identified through the land referencing process within the CPO boundary, as shown at Appendix 1, either by private agreement or compulsorily, including those specific interests listed in Appendix 3.

2.2.2         Appointing land referencing agents, making the CPO, the publication and service of any press, site and individual notices and other correspondence for such making.

2.2.3         Monitoring of negotiated agreements by Poplar HARCA with land owners or others as applicable, setting out the terms for withdrawal of objections to the CPO, including where appropriate seeking exclusion of land or new rights from the CPO.

2.2.4         Seeking confirmation of the CPO by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981), including the preparation and presentation of the Council’s case at any Public Inquiry which may be necessary.

2.2.5         Publication and service of notices of confirmation of the CPO 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 within the area.

2.2.6         Issuing of General Vesting Declarations and/or Notices to Treat in respect of the land/interests within the area edged red on the plan at Appendix 1 and those listed at Appendix 2.

2.2.7         Referral and conduct of disputes, relating to compulsory purchase compensation, at the Upper Tribunal (Lands Chamber).

2.2.8         Transfer of any land interests compulsorily acquired by the Council to Poplar HARCA, for nil consideration, within a timescale to be agreed with Poplar HARCA.

2.2.9         To agree the terms and conditions, including any consideration, of the transfer of the freehold or long leasehold interests to Poplar HARCA of the three land parcels referred to below and enter into such documentation necessary to complete the transactions.

2.2.10       To invoke its powers under section 237 of the Town and Country Planning Act 1990, or any other enabling power, to manage any Rights of Lights claims that may arise, including issuing any compensation payments.

2.3       To agree that the delegation set out in 2.2.9 should include the finalisation of all terms and conditions, including any financial consideration, for the transfer of the freehold interests to Poplar HARCA of the three land parcels described in section 10 (Land Disposal) below and identified on the plan at Appendix 2, the plots of landwhich are currently in the freehold ownership of the Council and are required by Poplar HARCA for the purposes of the delivery of the regeneration. The sites are:

·                    The ‘Community Access Centre’ and Multi Use Games Area on Aberfeldy Street on long lease to Poplar HARCA

·                    Kirk Michael Road and adjoining pavement

·                    The pavement fronting the existing shops at No.25-55 Aberfeldy Street

2.4       Determine that the use of CPO powers is exercised after balancing the rights of individual property owners with the requirement to obtain vacant possession of the site.

2.5      Determine that the interference with the human rights of the property owners affected by these proposals, and in particular their rights to a home and to the ownership of property, is proportionate, given the adequacy of their rights to object and to compensation, and the benefit to the economic, social and environmental well-being of the areas of Tower Hamlets affected by these proposals.

2.6      Delegate to the Corporate Director, Development and Renewal, in consultation with the Director of Law Probity and Governance (or their nominee) and the Mayor, the power to agree the terms of and enter into an Indemnity Agreement with Poplar HARCA which provides a framework for the respective obligations of the Council and Poplar HARCA in the promotion and application of powers, including an obligation for the Council to transfer the land to Poplar HARCA for nil consideration, and the ability for the Council to recover its costs in conducting and managing the CPO, including all compensation costs to be paid.      

Action by:

CORPORATE DIRECTOR, DEVELOPMENT AND RENEWAL (A. DALVI)

(Service Head for Strategy, Regeneration and Sustainability (J. Odunoye)

(Housing Regeneration Manager (N. McGowan)

(Projects Officer (M. Ali)

Councillor Rachel Blake, Cabinet Member for Strategic Development, introduced the report. She highlighted that the compulsory purchase order was necessary to allow a vital redevelopment scheme to take place.

Ward Councillors Khales Uddin Ahmed and Rajib Ahmed highlighted concerns they were hearing from residents that issues were not being resolved by Poplar HARCA. Particular issues highlighted were that many community groups were unaware of the proposals and the likely impact on their work and that in general a proper consultation had not taken place.

Members discussed the report. Councillor Sirajul Islam, Deputy Mayor and Cabinet Member for Housing Management and Performance, requested and received clarification on the freehold or leasehold status of the Aberfeldy Islamic Cultural Centre. In addition, in response to questions, officers reported that:

·         design and planning consultation had taken place but that  engagement on the CPO  with those specifically affected  Would take place during the preparation of the Order.

·         In relation to the impact on Community Groups, it was noted that all three affected community groups were being offered space in the new community premises.

·         The new facilities would need to include office space if  that was currently being provided.

It was noted that use of the community building was not just for those who lived on the estate.

Considering the retail units, it was explained that shop keepers would be offered new premises in the scheme if this was their preference. There would also be an option to agree terms for those who did not wish to continue their business. It was possible that shop rents could be higher especially if increased population resulted in increased footfall.

Members were concerned to ensure that future rent levels for shops and community groups (including the AICC) would be appropriate and that the impact on businesses and community groups would be properly dealt with.

To ensure that these concerns were addressed, Members agreed that certain issues needed to be safeguarded in the agreement. Specifically that:

• The three specified Community Organisations needed to be provided with appropriate accommodation in the new community centre and that this should include appropriate office facilities.
• Details of proposals for rent levels for businesses needed to be confirmed and set out satisfactorily (as far as possible to do so at this stage) to enable businesses to consider their options, and should offer reasonable protection to existing businesses.

The Mayor stated that he wished to review the Indemnity Agreement before it was signed to ensure that it covered all the points that had been raised in the meeting (to be set out in the minutes) and therefore agreed the recommendations with that amendment.

RESOLVED

2.1     To agree the making, confirming and implementation of a Compulsory Purchase Order (CPO) to include specific land interests that must be acquired to facilitate the redevelopment by Poplar HARCA of Aberfeldy Estate phases 3-6, to provide new housing and estate regeneration.

2.2     Subject to recommendation 2.6, delegate to the Corporate Director of Development and Renewal, after consultation with the Director of Law, Probity and Governance (or their nominee), the power to effect the making, confirming and implementation of the CPO and to take all necessary steps to give effect to the CPO in respect of the land shown edged red on the plan at Appendix 1 including, but not limited to, the following procedural steps:

2.2.1        Acquiring all known interests in land and any additional interests identified through the land referencing process within the CPO boundary, as shown at Appendix 1, either by private agreement or compulsorily, including those specific interests listed in Appendix 3.

2.2.2         Appointing land referencing agents, making the CPO, the publication and service of any press, site and individual notices and other correspondence for such making.

2.2.3        Monitoring of negotiated agreements by Poplar HARCA with land owners or others as applicable, setting out the terms for withdrawal of objections to the CPO, including where appropriate seeking exclusion of land or new rights from the CPO.

2.2.4        Seeking confirmation of the CPO by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981), including the preparation and presentation of the Council’s case at any Public Inquiry which may be necessary.

2.2.5        Publication and service of notices of confirmation of the CPO 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 within the area.

2.2.6        Issuing of General Vesting Declarations and/or Notices to Treat in respect of the land/interests within the area edged red on the plan at Appendix 1 and those listed at Appendix 2.

2.2.7        Referral and conduct of disputes, relating to compulsory purchase compensation, at the Upper Tribunal (Lands Chamber).

2.2.8        Transfer of any land interests compulsorily acquired by the Council to Poplar HARCA, for nil consideration, within a timescale to be agreed with Poplar HARCA.

2.2.9        To agree the terms and conditions, including any consideration, of the transfer of the freehold or long leasehold interests to Poplar HARCA of the three land parcels referred to below and enter into such documentation necessary to complete the transactions.

2.2.10       To invoke its powers under section 237 of the Town and Country Planning Act 1990, or any other enabling power, to manage any Rights of Lights claims that may arise, including issuing any compensation payments.

2.3      To agree that the delegation set out in 2.2.9 should include the finalisation of all terms and conditions, including any financial consideration, for the transfer of the freehold interests to Poplar HARCA of the three land parcels described in section 10 (Land Disposal) below and identified on the plan at Appendix 2, the plots of land which are currently in the freehold ownership of the Council and are required by Poplar HARCA for the purposes of the delivery of the regeneration. The sites are:

·                    The ‘Community Access Centre’ and Multi Use Games Area on Aberfeldy Street on long lease to Poplar HARCA

·                    Kirk Michael Road and adjoining pavement

·                    The pavement fronting the existing shops at No.25-55 Aberfeldy Street

2.4      Determine that the use of CPO powers is exercised after balancing the rights of individual property owners with the requirement to obtain vacant possession of the site.

2.5     Determine that the interference with the human rights of the property owners affected by these proposals, and in particular their rights to a home and to the ownership of property, is proportionate, given the adequacy of their rights to object and to compensation, and the benefit to the economic, social and environmental well-being of the areas of Tower Hamlets affected by these proposals.

2.6      Delegate to the Corporate Director, Development and Renewal, in consultation with the Director of Law Probity and Governance (or their nominee) and the Mayor, the power to agree the terms of and enter into an Indemnity Agreement with Poplar HARCA which provides a framework for the respective obligations of the Council and Poplar HARCA in the promotion and application of powers, including an obligation for the Council to transfer the land to Poplar HARCA for nil consideration, and the ability for the Council to recover its costs in conducting and managing the CPO, including all compensation costs to be paid.