Purpose

This report seeks approval for S203 powers to be applied to the Caxton Grove infill scheme. The scheme proposal is the reprovision of a new community centre and 36 affordable homes, with the existing community centre to be demolished.

Decision

DECISION:

1. Delegate authority to the Corporate Director of Housing & Regeneration in conjunction with the mayor to appropriate the land at [Caxton Hall Community Centre and adjoining land Caxton Grove, London E3 2EE] (shown for identification purposes only edged [red] as set out at Appendix 2) (the “Land”) to planning purposes when the Land is no longer required for the purposes for which it is immediately held prior to the appropriation pursuant to section 122 Local Government Act 1972 and subsequent engagement of the power under s203 of the Housing & Planning Act 2016 to override third party rights and interests in land (including any rights to light of neighbouring properties) that would be infringed by the proposed development the Land as permitted under planning permission reference [PA/24/00164/A1].
2. Delegate authority to the Corporate Director of Housing & Regeneration in conjunction with the mayor to agree and to enter into ancillary documentation relating to the settlement of rights of light claims together with any associated fees (where relevant) with persons / parties whose right(s) of light are infringed as a result of the proposed development of the Land.
3. Delegate authority to the Director of Governance and Legal Services in conjunction with the mayor to agree the terms of and enter into any documentation required to deal with any property matters necessary to progress the development of the Land.
4. Note that the cost of the proposed settlement of rights of light compensation payments and associated fees (if any) will be met from the capital budget for the Caxton Grove Housing and Community Centre scheme.

REASON FOR DECISION:

1. The decisions sought in this report are to enable the construction on the Land of 7 to 9 storey residential block and community centre on the ground floor under planning permission reference [PA/24/00164/A1].
2. The construction of the housing and community centre on the Land has been agreed through planning consent in conjunction with the mayor and the tender process for the works has been concluded, and we wish to progress the works. The report also authorised officers to deliver a housing scheme as part of the programme.

ALTERNATIVE OPTIONS:

Do nothing option: if the Council decides not to appropriate the Land so as to thereafter enable the power in section 203 HPA 2016 to be engaged then there is the potential that affected private property owners could bring injunction proceedings which could stop the construction of the project or significantly delay its delivery. As a result, this would put at risk the Council’s approved budget to deliver this scheme and impact the Council’s affordable homes target, whilst jeopardising the 36 affordable homes proposed as part of this approved scheme. In addition, the Land will remain vacant as a disused asset and the Council will continue to incur associated security and maintenance costs.

Action by: Corporate Director of Housing and Regeneration