Decision details

Cabinet Member approval sought for development of sites.

1.            That this report be exempt from disclosure by virtue of the Local Government Act 1972, Schedule 12A Part 1, paragraph 3 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

2.            That the Cabinet Member for Finance, Property and Regeneration formally agreed the preferred way forward as set out in the Outline Business Case, namely;

·         Joint development, with affordable housing provided at Ashbridge and Ashmill, and private housing at Cosway.

·         Direct development of all three sites by the council

·         Development to proceed as soon as possible

3.            That the Cabinet Member for Finance, Property and Regeneration agreed additional authorisation to spend up to the point at which the contract for the main works is signed, including the expenditure as detailed in the report.

4.            That the Cabinet Member for Finance, Property and Regeneration authorised the negotiation and agreement of final terms of an Enabling Works Contract and delegated authority to the Executive Director for Growth Planning and Housing to enter into the Contract on the basis that it does not exceed the costs, including an enabling works package and contingency sum for enabling works risk items for the sums as set out in the report.

5.            That the Cabinet Member for Finance, Property and Regeneration agreed to Agreement to indemnify BT in relation to paying their consultancy fees in line with previous agreements between BT and the City Council, as detailed in the report.

6.            That the Cabinet Member for Finance, Property and Regeneration authorised the Executive Director Growth, Planning and Housing to enter into Unilateral Undertaking/Section 106, linking all three sites, and noted that the Royal Borough of Kensington and Chelsea Legal Team have been appointed to provide advice on this and draft agreements.

7.            That the Cabinet Member for Finance, Property and Regeneration authorised the Executive Director Growth, Planning and Housing to appropriate from the General Fund to the Housing Revenue Account for planning purposes the Council’s interest in the lands shown outlined in red on the plan at Appendix C, under section 122 of the Local Government Act 1972 subject to obtaining the necessary Secretary of State consents and subject to being satisfied that all the necessary conditions being met for the exercise of these powers.

8.            That the Cabinet Member for Finance, Property and Regeneration authorised the Executive Director, Growth, Planning & Housing to use the powers to over-ride third party rights under section 203 of the Housing and Planning Act 2016 according to the principles set out at paragraph 10.15 in this report.

9.            That the Cabinet Member for Finance, Property and Regeneration agreed to the transfer of land between the Housing Revenue Account and the General Fund in respect of the appropriation mentioned at 7 above, based upon a RICS Red Book Valuation carried out in advance of the appropriation.

10.         That the Cabinet Member for Finance, Property and Regeneration agreed to authorise the Executive Director, Growth, Planning and Housing and the Tri-Borough Director of Law, to deal with all necessary legal arrangements to effect the recommendations as set out in this report; including where deemed necessary to seek consent from the Secretary of State. 

Reasons for the Decision

The Council is satisfied that the redevelopment will contribute towards meeting the City for All objectives, in particular ‘City of Opportunity’.