Agenda and minutes

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The Chairman invited Councillor Narenthira to introduce her Member’s Item, which was a request for an update on progress made on the Community Assets Strategy Implementation Plan, which was agreed by ARG Committee in 2015.

The Committee RESOLVED to:

Instruct officers to provide an update report to Assets Regeneration and Growth Committee in December.

The Chairman introduced the item and reminded Members that there had been considerable discussion at the July 11^th committee on the whole report. All documentation was the same as that presented in July other than minor updates to the draft Statement of Reasons, needed to ensure the document remained accurate and relevant. 

In relation to boundary changes, officers confirmed that the report refers to changes that occurred between March and July 2016 and that none of the updates were material changes.

The Chairman moved to a vote as on the recommendations below and RESOLVED that:-

1.    The Committee:

·         Approved the making of a compulsory purchase order (CPO) pursuant to the powers in section 226(1)(a) of the Town and Country Planning Act 1990 (as amended) for the acquisition of the land shaded pink on the plan at CPO Plans and pursuant to section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to acquire new rights in respect of the land shaded blue on the CPO Plans.

·         Authorised the appropriate Chief Officers to settle the final form and content of the draft CPO, the CPO Plans and Statement of Reasons.

·         Authorised the appropriate Chief Officers to take all necessary steps to secure confirmation of the CPO and the acquisition of all third party interests in the CPO and of the new rights. This authorisation includes the publication and advertisement of the CPO, serving statutory notices, and seeking confirmation of the CPO.

·         Authorised the appropriate Chief Officers to enter into agreements and make undertakings, contracts and transfers on behalf of the Council with third parties having an interest in the CPO or for the creation of new rights or with parties otherwise affected by the CPO to facilitate the development.

·         Authorised the appropriate Chief Officers following confirmation of the CPO to authorise the publication and service of all appropriate notices of confirmation of the CPO and to make one or more general vesting declarations or serve notices to treat and notices of entry (as appropriate) in respect of the land within the CPO (“the Order Land”). 

·         Authorised the appropriate Chief Officers to initiate or take part in any arbitration or proceedings before the Upper Tribunal (Lands Chamber) or the Courts in order to resolve any disputes as to compensation or other payments payable for any interests in the Order Land or arising from the making or confirmation of the CPO or securing possession of any part of the Order Land or title to any part of the Order Land.

The vote was as follows:

The Chairman introduced the item and highlighted that funding for the works associated with the CPO are time limited to a period of 3 years, within which time work needs to be completed.

After the Chairman invited discussion from Members, Councillor Rozenberg proposed that the Committee write to Genesis to encourage them to move forward with the proposals by raise their awareness of the Council’s readiness to move forward with the scheme. Members agreed that a letter should be drafted.

After discussion, the Chairman moved to a vote.  It was RESOLVED that Committee:

1.1       Authorised the making of up to three CPOs;

1.2       Authorised the appropriate Chief Officer to issue and sign the order, notices and certificates in connection with the making, confirmation and implementation of the CPO(s)

1.3       Authorised the appropriate Chief Officer to make General Vesting Declarations (GVDs) under the Compulsory Purchase (Vesting Declarations) Act 1981 and/or to serve notices to treat and notices of entry (if required) following confirmation of the CPOs;

1.4       Authorised the appropriate Chief Officer to issue and serve any warrants to obtain possession of property acquired by the Council following the execution of a GVD or service of a notice of entry relating to the CPOs if it was considered appropriate to do so;

1.5       Authorised the appropriate Chief Officer to transfer all properties and proprietary interests acquired pursuant to the CPO(s) to Choices for Grahame Park in accordance with the terms of the Principal Development Agreement dated 30^th January 2007;

1.6         Authorised the appropriate Chief Officer  to take any further necessary actions to secure the making, confirmation and implementation of the CPO(s);

1.7       Agreed that, subject to any necessary consent from the Secretary of State, to approve the sale of retained council houses to existing home-owners whose properties are due for demolition within the Grahame Park estate, and to the corresponding acquisition of their current homes.

The votes were as follows:-

The Chairman introduced the item and briefed Members on the purpose of the report which was to obtain committee approval to lease Copthall Playing Fields to Camden Community Football Association for sports use.

The Chairman also informed for Committee that he will be moving a motion to amend the recommendations to strengthen the lease arrangements and conditions to reduce any potential risk to the council. He then invited discussion.

Councillors Pauline Coakley-Webb and Geof Cooke queried whether the walking and cycling footpath that runs between the existing CCFA site and the proposed CCFA site will remain open access to the public and sought strong reassurance that it would. Members agreed that the photograph of the site was ambiguous whereas the site plan was clear in its delineation of the of the access footpath outside the red line boundary of the proposal site.

Councillor Coakley-Webb questioned whether the council was sufficiently protected against the potential risk that CCFA would not secure funds to complete the proposed works to the site. Officers from Estates and HBPL advised that the Draft Head of Terms for the lease have been revised to include the provision for the ownership of the site would revert back to the Council should the lessee be unable to fulfil their contractual obligations. Furthermore, Agreements for Lease are not open ended and are closely aligned to a stipulated period of time by which time proposals should have commenced/and or completed. Long stop dates will be built in subject to the usual force majore events.

Following discussion, the Chairman moved a motion to amend the recommendations.  This was duly seconded.  It was RESOLVED:

1.    That Committee authorised the Head of Estates to commence negotiations to agree heads of terms for a proposed lease between the Council and the CCSFA  based on the indicative draft Heads of Terms attached at Appendix 3 and having regard to the best interests of the Council but which must  include the following:

(a)  that the lease terms is for a term of 125 years at a  rent to be agreed such rent to be assessed via the CBAT and any rent subsidy to be applied to the rent payable shall be subject to [ 5 yearly reviews] review in line with the contemporaneous review of the CBAT assessment;

(b)  the proposed lease shall fall outside the protection of the provisions of sections 24-28 of the Landlord and Tenant Act 1954 Part 2;

(c)  that the legal documents include a provision that in the event that the CCSFA fail to undertake a meaningful start on site within 2 years from the date of completion of legal formalities, the site will revert to the Council.

2.  That Committee authorised delegation of final approval to the Heads of Terms and the entering into of all appropriate documentation to give effect to the Heads of Terms to include an Agreement for Lease and Lease, to the Head of Estates.

The votes in favour of the amended recommendation  ...  view the full minutes text for item 9.

The Chairman introduced the item and updated Committee on progress with the Brent Cross Cricklewood developments.

Councillor Cook pointed out an error on page 135/6 of the report which refers to approval of the Brent Cross Cricklewood CPO3 at ARG Committee on 11^th July.

Text relating and referring to approval having been authorised, amended, executed, varied stated or implied, on 11^th July is null and void and deemed to refer to 5^th September 2016.

Risks reported in the report of 11^th July 2016 should be corrected to mean risks reported on 5^th July.

There was discussion on the access to Brent Cross from the existing Northern Lines stations at Hendon and Brent Cross and concern that there was not a clear strategy to improve public transport access from these existing services either during the construction phases or in the long term as part of the new Brent Cross. Councillor Cohen expressed concern that the new Thames Link station appears to be the only priority. Councillor Coakley-Webb welcomed a further update from the developers on firm plans for linking up the new shopping centre with essential train links. Integrating access to and from the tube and new development was considered essential.

Councillor Zinkin welcomed asked for a strategy paper to be circulated to a further meeting on the anticipated transport arrangements as it is difficult currently to see how all the pieces fit together.   

It was RESOLVED that:

Committee noted the contents of the report.

The Chairman introduced the report reminding Committee that the appendix contains the regular update on West Hendon CPOs outlining the engagement activities.

Members welcomed the information and found it useful to see what is taking place across the estate.  

It was RESOLVED that:

Members noted the report

The Chairman introduced the item and reminded the Committee that the report was to note how the work to explore options to re-locate Donoghue Skip Hire Company would be approached.

Members discussed a range of issues associated with the work and looked forward to receiving a report in December 2016.

It was RESOLVED that:

Members noted the report

The Chairman informed Committee that an updated work programme had been circulated for the meeting to establish whether an additional meeting was required before March 2017.

Members were keen to have a suitably sized agenda for December, and have a preview of items coming forward.

It was noticed that Donahuge was missing and that the Community Assets Strategy would need to be added.

It was RESOLVED that:

Members noted the report and instructed officers to add Donogue Skip Hire and Community Assests Strategy to the Committee Work Programme.