Purpose

To seek agreement for the appropriation of the
land known as Ujima House, 388 High Road, Wembley, and land on the
east of Cecil Avenue and High Road Wembley.

Content

In line with Cabinet’s approval to
delegate authority, the Corporate Director Communities and
Regeneration, in consultation with the Cabinet Member for
Regeneration, Planning & Growth:
 
i)            
Considers representations made by third parties (if any).
 
ii)           
Agrees the Appropriate Land is surplus to requirements and is no
longer required for the purpose for which it is currently held
 
iii)          
Once consideration has been given to any representations made and
providing the Appropriation Land is surplus to requirements, then
to agree that the Appropriation Land is to be appropriated
efor planning purposes pursuant to
Planning Application Ref: 19 / 3092 for Ujima House and 19 / 2891 for Cecil Avenue and the
subsequent planning permission obtained on 5 February 2021.

Reasons for the decision

In order to deliver the proposed developments
an appropriation of land is required. The Appropriation Land would
serve in the public interest and will contribute to the economic
and social wellbeing of the area.
 
The redevelopment of the Appropriation Land
would deliver approximately 152 affordable homes, 152 private
homes, 30,000 square feet commercial and community space, publicly
accessible open space, and car and cycle parking upon the
Appropriation Land.

Alternative options considered

If a third
part is able to establish an easement or rights over parts of the
Appropriation Land (the easements could include but are not limited
to a right of way or right to light) then the third party could
potentially prevent development of the Appropriation Land and apply
for an injunction.

 
All
outstanding interests in the land have been acquired by private
treaty. The land is now vacant and there are no leaseholders,
secure tenants or tenants in the premises on the Appropriation
Land.
 
The effect
of appropriation is therefore to facilitate the development of the
Appropriation Land and to override third party rights and interests
in the Appropriation Land that may exist. Third parties may be
entitled to compensation for the loss of their rights.
 
On the 5
February 2021 detailed planning permission was
granted for the Cecil Avenue redevelopment scheme (which includes
the Appropriation Land) (ref: 19/2891) and outline planning
permission was granted for the Ujima
House redevelopment scheme (which includes the Appropriation Land)
(ref: 19/3092).
 
Officers consulted
with 55 third parties that may have private rights over the
Appropriation Land for a period of 8 weeks from the 19 December
2022. 14 Notices were returned as “Not
Called For” or “Return to Sender”. Five responses
were received from consultees which have been responded to by the
developer and the Council.     
 
At the time of writing
no third-party rights on which compensation obligations arise have
been identified