Purpose

The appropriation (transfer) of
HRA land to the General Fund is required for the purposes of using
s203 of the Housing & Planning Act 2016 to override rights and
convert them to compensation, this to enable the delivery of the
residential element of the WLC Scheme.

Content

1.1.    Agreed to appropriate
the land known as the Vincent Road Garages and Troy Court, as shown
edged hashed on the Location Plan at Figure A in Appendix A of this
report, under Section 122 of the Local Government Act 1972, from
housing purposes (HRA) to General Fund pursuant to Section 226 of
the Town and Country Planning Act 1990 and as defined in Section
246(1) (b) of that Act, and pursuant to Section 19(1) of the
Housing Act 1985, and to ensure the relevant accounting adjustments
are made.
 

1.2.    Agreed that following
the relevant accounting adjustments in recommendation 1.1 above, to
appropriate land identified and comprising the site at the rear of
the new Woolwich Waves leisure centre, Vincent Road garages, Troy
Court and various titles along Vincent Road, as shown edged red on
the Figure 3 Location Plan in Appendix A of this report, under
Section 122 of the Local Government Act 1972, from General Fund to
planning purposes General Fund  and to
ensure the relevant accounting adjustments are made.
 

1.3.    Authorised reliance on
Section 203 of the Housing and Planning Act 2016 to override any
third-party rights or restrictions over the land subject to the
payment of compensation in accordance with Section 204 of the that
Act.
 

1.4.    Noted consent of the
Secretary of State, to appropriate any part of the land consisting
of a house or part of a house for any other purpose pursuant to
Section 19 of the Housing Act 1985, was sought, and approval given
on 12 April 2023.
 

1.5.    Noted the potential
schedule of compensation payments outlined in Appendix C of this
report.
 

1.6.    Agreed to treat the
information contained in the confidential Appendices to this report
as exempt from the provisions of paragraph 3 of Schedule 12A to the
Local Government Act 1972 (as amended) (Information relating to the
financial or business affairs of any particular person including
the authority holding that information) and to agree that this
exempt information contained in the confidential Appendices shall
not be released to the press or public.
 
1.7.   
Noted that the site identified in Appendix A will be opted to
tax.
 

•   The Development Agreement
is in effect an option to dispose of land (subject to conditions
being satisfied). On that basis if the land is accounted for in the
Housing Revenue Account at the date of its disposal it needs to
comply with section 32 of the Housing Act 1985 which requires the
Secretary of State's consent for land disposal. A number of general
consents have been issued. The Secretary of State has published
pre-approved consents for the disposal of an interest in land held
for the purposes of Part 2 of the Housing Act 1985 (GHC). The land
will be vacant land (i.e. no buildings currently on it) and as such
consent/paragraph A 3.2 will apply. GHC A.3.2 permits the Council
to dispose of the site and as a consequence enter into the Deed of
Variation (to the Development Agreement) which governs the disposal
of that site without specific consent from the Secretary of
State.