Decision Maker: Cabinet

Outcome: Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: July 15, 2025

Purpose: The Cabinet will be asked to approve revised arrangements for the tenure and disposal route of the 79 homes in the Ewars Marsh development on the Gascoigne Estate, as well as increased loan amounts to B&D Homes Ltd to facilitate the payment of outstanding Stamp Duty Land Tax (SDLT) to HMRC for the Challingsworth House and Farriers development schemes.

Content: Cabinet resolved to:   (i)  Agree the amended Heads of Terms for the 79 properties at Ewars Marsh Court (Gascoigne East Phase 2 Block F1), to amend the tenure of those properties from shared ownership to discounted market rent (DMR) and to amend the disposal of those properties from B&D Reside Regeneration LLP (Company No: 09512728) to Barking and Dagenham Homes Ltd (Company No. 12090374), as set out in paragraphs 2.1 - 2.6 of the report, and delegate authority to the Strategic Director, Resources, in consultation with the Strategic Director, Inclusive Growth and Place, to agree and finalise the terms of the leases and any other associated documents, and to take any steps necessary to ensure compliance with the Subsidy Control Act 2022 and s123 of the Local Government Act 1972;   (ii)  Note the advice on the application of the Building Safety Act 2022, set out in paragraphs 2.7 - 2.9 of the report, and delegate authority to the Strategic Director, Resources, in consultation with the Strategic Director, Inclusive Growth and Place, to review the proposed disposal routes and to make amendments where they would simplify the application of the Building Safety Act, provided that those amendments were not material in terms of the financial position of the overall scheme;   (iii)  Agree to an increased loan amount for the purposes of meeting the SDLT liability of c. £1.4m to HMRC for Challingsworth House (Shared Ownership block) and Farriers (Becontree Heath Block A), as set out in paragraphs 2.10 - 2.11 of the report, and delegate authority to the Strategic Director, Resources, in consultation with the Strategic Director, Inclusive Growth and Place, the determine the final terms provided they were not materially different to the terms outlined in the report;   (iv)  Agree the amended Heads of Terms for the 33 shared ownership properties at Mercia Peak (Town Quay Wharf) and to amend the disposal route of those properties to B&D Reside Regeneration LLP (Company number OC400585), as set out in paragraph 2.12 of the report, and delegate authority to the Strategic Director, Resources, in consultation with the Strategic Director, Inclusive Growth and Place, to agree and finalise the terms of the leases and any other associated documents, and to take any steps necessary to ensure compliance with the Subsidy Control Act and s123 of the Local Government Act 1972;   (v)  Delegate authority to the Strategic Director, Resources, to act on behalf of the Council as an LLP member at the LLP Members meeting for B&D Reside Regeneration LLP regarding entering the lease for Ewars Marsh and any other associated documents; and   (vi)  Delegate authority to the Head of Legal, in consultation with the Strategic Director, Inclusive Growth and Place, to execute all the legal agreements, contracts, and other documents on behalf of the Council in order to implement the proposals detailed in the report.