Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ... Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
38. EARL'S COURT REDEVELOPMENT AND STATUTORY AND WIDERCONSULTATIONThe Cabinet gave detailed consideration to a report which set out the terms of aConditional Land Sale Agreement (CLSA) which would grant an option to theCapital and Counties Properties PLC group of companies (Capco) to includeCouncil owned land including the West Kensington and Gibbs Green estates ina comprehensive redevelopment scheme. At the same time Members alsoreceived and considered the final analysis of consultation responses and theequalities impact assessment in respect of the proposals.The Chairman invited the Executive Director of Housing and Regeneration,Melbourne Barrett, to introduce the report.Mr Barrett emphasised that the decision before Members was very significantfor the Authority. Recommending that the Cabinet should agree that it waswilling to enter into the Conditional Land Sale Agreement, Mr Barrettacknowledged the disturbance and disruption to residents but considered thatthis needed to be balanced against the very significant benefits to the localcommunity and the wider area provided by such a major opportunity for growthand development. The 10m sq ft mixed use development would yield 7,500 newhomes, including 760 new replacement homes, 2m sq ft of commercial space,36,000 temporary construction jobs and 9,500 permanent jobs, a park,playgrounds and other facilities for children. The development was expected tobring in £99m pa of additional expenditure in the local economy.Mr Barrett outlined details of the CLSA and the advantages and safeguards fortenants and leaseholders. It was noted that the Conditional Land SaleAgreement provided for the transfer of the Council’s land in phases withreplacement homes provided by the developer prior to any transfer. It wasanticipated that the first phase of replacement housing would be provided onCapco’s land at Seagrave Road, facilitating a ‘one move only’ approach.Existing Council tenants, resident leaseholders and freeholders would beguaranteed a brand new replacement home within the development, compliantwith the Mayor of London’s design guidance standards.Tenants would remain secure tenants of the Council paying Council rents. Theywould also receive a statutory home loss payment of £4,700, a disturbancepayment to cover moving costs and new white goods, carpets and curtains.Resident leaseholders/freeholders would receive market value plus 10%statutory home loss payment (subject to a maximum £47,000) and a further10% early purchase discount on a replacement property. If necessary theCouncil would bridge the gap in value between the resident leaseholders andfreeholders old and new properties and hold the value as equity so noadditional borrowing would be required.It was emphasised that as the housing stock was not being transferred therewas no requirement for a tenant ballot. The phased nature of the developmentwould enable whole communities to be moved together. Dedicated re-housingofficers would be available on site to offer advice and support to residents on aone to one basis.______________________________________________________________________________________________________Minutes are subject to confirmation at the next meeting as a correct record of the proceedings and any amendments arising willbe recorded in the minutes of that subsequent meeting.Page 3
Mr Barrett explained that the proposals also offered substantial benefits to theCouncil, enabling existing housing stock to be replaced on a new for old basis,avoiding significant maintenance liabilities on the estates and allowing the 16%of existing tenants who were overcrowded to be re-housed in homes withsufficient bedrooms to meet their needs. The use of private sector financethrough the developer meant that this could be achieved without recourse toscarce public funding. The design and method of construction was safeguardedby a requirement that the Council approve each phase of replacement housing.Mr Barrett emphasised that the Council had retained expert external advice inthis matter which had confirmed that the proposed transaction would be highlybeneficial for the Council and its residents. Richard Budge, attending themeeting on behalf of legal advisers SNR Denton, informed Members that theterms now presented were consistent with the provisional terms endorsed bythe Cabinet in April and that the Council could terminate the agreement ifCapco failed to deliver up to 50% of the social rented units within 10 years.Christopher Pratt of Jones Lang Lasalle (JLL) was able to confirm that thecommercial terms were also substantially unchanged and the 760 newreplacement homes and £105m remained best consideration for the Council’sland. Jon Webber of PricewaterhouseCoopers (PWC) advised that financial duediligence on the project had been satisfactorily undertaken.The Cabinet was informed of details of the 9 week public consultation exerciseundertaken in respect of the proposals. It noted that 30,000 information packsand feedback forms had been distributed. Some 1,405 responses had beenreceived, 779 from 516 properties on the estates and 626 from the wider area.The majority of those objecting to the proposals were residents of the estateswhile the majority of favourable responses were drawn from the wider area. Forthe purposes of the statutory consultation under section 105 of the Housing Act,which related only to those named on tenancy agreements, 324 (55%) of the584 eligible secure council tenants responded, with 103 (32%) in favour of theproposal, 213 (66%) in opposition to it, 1 expressing concerns and 7 (2%) didnot express an opinion. It was noted that of those Council tenants eligible toparticipate in the section 105 consultation, 260 (45%) did not do so.Mr Barrett informed Members that the consultation had illustrated there was stilla lack of understanding amongst individual residents about what would happento them if the redevelopment went ahead. This would be addressed throughone to one meetings designed to fully inform residents and deal with individualconcerns.The Cabinet noted that the Analysis of Responses to Consultation at Appendix5 of the report contained Officer comments on the points raised in theconsultation together with correspondence from and response to the TRAs’submission, a letter from Mr Andrew Slaughter MP and additionalrepresentations. It was noted that the TRAs’ preference was for nocomprehensive development and a stock transfer away from the Council.Members noted that this would mean the loss of the regeneration and economicdevelopment benefits of the project. It was unclear how the stock transfer wouldbe funded in terms of paying for the initial transfer of homes, clearing theexisting debt associated with the housing stock, future improvements andmaintenance obligations. Mr Barrett advised that in the view of Officers a stock______________________________________________________________________________________________________Minutes are subject to confirmation at the next meeting as a correct record of the proceedings and any amendments arising willbe recorded in the minutes of that subsequent meeting.Page 4
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Mr Barrett explained that the proposals also offered substantial benefits to theCouncil, enabling existing housing stock to be replaced on a new for old basis,avoiding significant maintenance liabilities on the estates and allowing the 16%of existing tenants who were overcrowded to be re-housed in homes withsufficient bedrooms to meet their needs. The use of private sector financethrough the developer meant that this could be achieved without recourse toscarce public funding. The design and method of construction was safeguardedby a requirement that the Council approve each phase of replacement housing.Mr Barrett emphasised that the Council had retained expert external advice inthis matter which had confirmed that the proposed transaction would be highlybeneficial for the Council and its residents. Richard Budge, attending themeeting on behalf of legal advisers SNR Denton, informed Members that theterms now presented were consistent with the provisional terms endorsed bythe Cabinet in April and that the Council could terminate the agreement ifCapco failed to deliver up to 50% of the social rented units within <strong>10</strong> years.Christopher Pratt of Jones Lang Lasalle (JLL) was able to confirm that thecommercial terms were also substantially unchanged and the 760 newreplacement homes and £<strong>10</strong>5m remained best consideration for the Council’sland. Jon Webber of PricewaterhouseCoopers (PWC) advised that financial duediligence on the project had been satisfactorily undertaken.The Cabinet was informed of details of the 9 week public consultation exerciseundertaken in respect of the proposals. It noted that 30,000 information packsand feedback forms had been distributed. Some 1,405 responses had beenreceived, 779 from 516 properties on the estates and 626 from the wider area.The majority of those objecting to the proposals were residents of the estateswhile the majority of favourable responses were drawn from the wider area. Forthe purposes of the statutory consultation under section <strong>10</strong>5 of the Housing Act,which related only to those named on tenancy agreements, 324 (55%) of the584 eligible secure council tenants responded, with <strong>10</strong>3 (32%) in favour of theproposal, 213 (66%) in opposition to it, 1 expressing concerns and 7 (2%) didnot express an opinion. It was noted that of those Council tenants eligible toparticipate in the section <strong>10</strong>5 consultation, 260 (45%) did not do so.Mr Barrett informed Members that the consultation had illustrated there was stilla lack of understanding amongst individual residents about what would happento them if the redevelopment went ahead. This would be addressed throughone to one meetings designed to fully inform residents and deal with individualconcerns.The Cabinet noted that the Analysis of Responses to Consultation at Appendix5 of the report contained Officer comments on the points raised in theconsultation together with correspondence from and response to the TRAs’submission, a letter from Mr Andrew Slaughter MP and additionalrepresentations. It was noted that the TRAs’ preference was for nocomprehensive development and a stock transfer away from the Council.Members noted that this would mean the loss of the regeneration and economicdevelopment benefits of the project. It was unclear how the stock transfer wouldbe funded in terms of paying for the initial transfer of homes, clearing theexisting debt associated with the housing stock, future improvements andmaintenance obligations. Mr Barrett advised that in the view of Officers a stock______________________________________________________________________________________________________Minutes are subject to confirmation at the next meeting as a correct record of the proceedings and any amendments arising willbe recorded in the minutes of that subsequent meeting.Page 4