Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: June 4, 2025

Purpose: To consider the request received from Landsec for the Council to use its powers under Section 203 of the Housing and Planning Act 2016 to facilitate delivery of the O2 masterplan planning permission and proposed delegation of authority, if required.

Content: Consideration was given to a report of  the Cabinet Member for Planning and a Sustainable Camden.             RESOLVED –   That having due regard to the obligations set out in section 149 of the Equality Act  2010:      1.             THAT the request from LS Finchley Road Limited (Landsec) to enter into a land transaction to acquire and subsequently dispose of land in order to engage the statutory powers conferred by Section 203 of the Housing and Planning Act 2016 (“S203 powers”) as set out in Sections 1 and 2 of this report in respect of land comprising the O2 Centre, former Homebase site, service road (Blackburn Road) and car park at Finchley Road NW3(“the Land”) has been considered by the Cabinet.   2.             THAT Cabinet agrees that the Council would be prepared to enter into a transaction to acquire an interest in the Land from Landsec under section 227 of the TCPA 1990 and subsequently dispose of that interest back to Landsec in order to engage S203 powers for the planning purpose of facilitating the carrying out of the development or for related purposes subject to the following conditions being met:   (a)  Further evidence of the attempts made by Landsec to remove  injunction risks through negotiation of the release of relevant rights and interests by agreement (on reasonable terms and within a reasonable timeframe); (b)  A suitable deed of indemnity being in place to indemnify the Council and (c)  Suitable terms for the acquisition and disposal of an interest in the Land being agreed between the Council and Landsec and subject to appropriate mechanisms being in place to secure the delivery of the approved public benefits including 35% affordable housing.   3.                  THAT authority be delegated to the Director of Development following consultation with the Cabinet Member for Planning and a Sustainable Camden and Director of Economy, Regeneration and Investment, Director of Finance and Borough Solicitor to decide whether the conditions in Recommendation 2 above have been satisfied and if so take all steps required to progress this decision to include where necessary and justified:   •      Any further decision(s) in relation to the exercise of the Council’s powers for the acquisition and subsequent disposal of the land interests reasonably required to implement this decision •      Enter into the legal and property agreements required to put decisions and use of relevant powers into effect •      Any other related decisions ancillary to and required to facilitate the above recommendations    Reasons    For the reasons set out in the report.