Agenda item

Referral from Policy & Resources Committee - Proposed Hendon Hub Redevelopment Full Business Case (Agenda item 12.4)

Minutes:

Council noted that there was an associated exempt report.

 

Council noted the Historic England feedback and the Hendon Hub project team response which had been circulated as a supplement.

 

The Monitoring Officer reminded members that they should not vote on any item if they were predetermined, but they could vote if they had a predisposition but remained open minded.

 

Councillor Thomas, Chairman of Policy and Resources Committee and Leader of the Council, moved the reception and adoption of the recommendations in the report. Debate ensued.

 

On the recommendations in the report being put to the vote, the votes were recorded as follows:

 

For

31

Against

18

Abstain

1

Absent

13

Total

63

 

Following the vote being taken, a division was called in accordance with Council Procedure Rule 14.

The recorded votes were as follows:

 

COUNCILLOR

For

Against

Not voting

Absent

Golnar

Bokaei

X

 

 

 

Jess

Brayne

 

X

 

 

Felix

Byers

X

 

 

 

Anne

Clarke

 

X

 

 

Pauline

Coakley Webb

 

 

 

X

Dean

Cohen

X

 

 

 

Melvin

Cohen

X

 

 

 

Sara

Conway

 

 

 

X

Geof

Cooke

 

X

 

 

Richard

Cornelius

X

 

 

 

Val

Duschinsky

X

 

 

 

Paul

Edwards

 

 

 

X

Claire

Farrier

 

X

 

 

Anthony

Finn

 

 

 

X

Nizza

Fluss

 

X

 

 

Linda

Freedman

X

 

 

 

Eva

Greenspan

X

 

 

 

Jennifer

Grocock

X

 

 

 

Rohit

Grover

X

 

 

 

Lachhya

Gurung

X

 

 

 

John

Hart

X

 

 

 

Ross

Houston

 

X

 

 

Anne

Hutton

 

X

 

 

Laithe

Jajeh

X

 

 

 

Kathy

Levine

 

 

 

X

David

Longstaff

X

 

 

 

John

Marshall

X

 

 

 

Kath

McGuirk

 

X

 

 

Nick

Mearing-Smith

X

 

 

 

Arjun

Mittra

 

X

 

 

Alison

Moore

 

X

 

 

Ammar

Naqvi

 

X

 

 

Nagus

Narenthira

 

X

 

 

Charlie

O-Macauley

 

X

 

 

Reema

Patel

 

 

 

X

Alex

Prager

X

 

 

 

Wendy

Prentice

X

 

 

 

Sachin

Rajput

 

 

 

X

Barry

Rawlings

 

X

 

 

Danny

Rich

 

X

 

 

Nicole

Richer

X

 

 

 

Helene

Richman

X

 

 

 

Tim

Roberts

 

X

 

 

Gabriel

Rozenberg

 

 

 

X

Lisa

Rutter

X

 

 

 

Shimon

Ryde

X

 

 

 

Gill

Sargeant

 

X

 

 

Alan

Schneiderman

 

X

 

 

Mark

Shooter

X

 

 

 

Elliot

Simberg

 

 

 

X

Thomas

Smith

X

 

 

 

Stephen

Sowerby

 

 

 

X

Caroline

Stock

 

 

 

X

Julian

Teare

X

 

 

 

Daniel

Thomas

X

 

 

 

Reuben

Thompstone

X

 

 

 

Sarah

Wardle

X

 

 

 

Roberto

Weeden-Sanz

 

 

 

X

Laurie

Williams

 

X

 

 

Peter

Zinkin

X

 

 

 

Zakia

Zubairi

 

 

 

X

Deputy Mayor Saira

Don

X

 

 

 

Mayor Alison

Cornelius

X

 

 

 

 

TOTAL

31

19

0

13

 

 

 

 

 

RESOLVED that Council:

1.    Having, considered the consultation responses (Appendix 4) and the Equalities Impact Assessment (Appendix 3), Council approved the Full Business Case (FBC) for Hendon Hub as set out in Appendix 1.

 

2.    Approved, in principle, private financing for the development, in particular private placement relying on the Middlesex University (MDX) covenant.  That Council further approved in principle that, in the event that market conditions are such at the time of seeking final funding offers, meaning that it is not possible to secure a funding offer using the Middlesex University covenant consistent with the parameters set out in the business case, a London Borough of Barnet (LBB) guarantee is made available subject to suitable risk mitigation. 

 

3.    Approved the process of obtaining formal funding offers from the market, the decision on final structure of the deal, the final choice of funding partner(s) and the negotiation and completion of the legal agreements are all to be delegated to the S151 Officer, in consultation with the Chairman of Policy & Resources Committee, after taking appropriate legal and financial advice and acting in the best interests of the Council.

 

4.    Approved the procurement, through an approved framework, of a professional advisor to secure final funding bids and advise on the structuring of the transaction.  The development of the procurement process, including the negotiation and completion of legal agreements is delegated to the S151 Officer, in consultation with the Chairman of Policy & Resources Committee, after taking appropriate legal and financial advice and acting in the best interests of the Council.

 

5.    Having considered the consultation responses (Appendix 4), the library engagement process (Appendix 7) and the Equalities Impact Assessment (Appendix 3), the Council approved Hendon Library moving to the new proposed location within Hendon.

 

  1. Approved the changes to the scheme since the Outline Business Case (OBC) was approved, as detailed in the FBC, including:

·         Reduction of the proposed student accommodation unit numbers, with the introduction of 33 independent homes for young adults on the Meritage Centre site, plus 28 affordable housing units above the proposed new library. 

·         No loss of car parking spaces, with The Burroughs and Osidge Lane car parks removed from the scheme.  100% reprovision of the Fuller Street car parking spaces and the reprovision of the Town Hall car park in the main Middlesex University car park. 

·         Introduction of a Health and Wellbeing Centre (subject to finalising terms with the relevant NHS bodies).

·         Creation of a ‘Community Hub’ located in a prominent location on the Ravensfield, Fenella and Town Hall Car Park (RFC) site.

·         The PDSA veterinary practice to be relocated to Fuller Street Car Park with the parking spaces lost re-provided on the Prince of Wales estate, together with improved landscaping.

·         The Met Police’s Safer Neighbourhood Team facility proposed to be located adjacent to the proposed new Library (subject to final agreement) and improved lighting and enhanced CCTV locally. 

·         Enhanced public access to the current historic Hendon Library building, including access to the ornate 2nd floor reading rooms and staircase. Removal of the temporary library site from the programme.

  1.  Approved the development of the procurement process for the building contractor(s) for the scheme and the recommendation to proceed to procure via the Crown Commercial Service (CCS) framework, the progression and completion of which was delegated at OBC stage to the Deputy Chief Executive in consultation with the Chairman of Policy & Resources Committee.
  1. Approved an additional budget of £4.53m for design and development fees, further land assembly acquisitions, deal structuring advice and legal fees, in order to proceed to procure one or more contractors and secure funding for the scheme recommended in this paper, noting that expenditure from this budget should be reimbursed as part of a funding deal. 
  1. Agreed to the use of the Community Benefit Assessment Tool (CBAT) on grant of new leases in respect of the following units and delegate approval to the Deputy Chief Executive, in consultation with the Chairman of Policy & Resources Committee:
    1. The RFC unit, initially allocated to Meridian
    2. The RFC unit, initially allocated to the African Cultural Association
    3. The new RFC Community Hall
    4. 154 Station Road, initially allocated to Mencap
    5. The RFC unit, initially allocated to the Metropolitan Police

10. Agreed to the following and delegated authority to the Deputy Chief Executive, in consultation with the Chairman of Policy and Resources Committee, to negotiate, approve, finalise and complete all legal and other documentation and associated actions in connection with and to give effect to:

a.    Related S106 and CIL agreements;

b.    Any and all other Agreements to Lease and/or other occupational arrangements on the Hendon Hub site (retail units / CBAT leases / health uses / affordable housing and others as required);

c.    Related construction contracts;

d.    Any other matters required, such as the appropriation of land required for planning purposes, any compulsory purchase orders and any non-material or minor amendments to the scheme.

11.Noted that good progress is being made with regard to negotiations on the agreement to Lease and leasewith Middlesex University (MDX), approval of which was delegated at OBC stage to the Deputy Chief Executive in consultation with the Chairman of Policy & Resources Committee.

 

12.Approved that any actions arising from the results of the Environmental Impact Assessment Scoping Opinion Request are to be delegated to the Deputy Chief Executive in consultation with the Chairman of Policy & Resources Committee.

13. Approved that any land acquired by the Council by private treaty within the area shown in red on the plan at Appendix 2, in order to facilitate the Hendon Hub Scheme, shall be acquired for planning purposes pursuant to section 227 of the Town and Country Planning Act 1990.

 

14.Noted that pursuant to sections 203 and 204 of the Housing and Planning Act 2016, land acquired under sections 226 or 227 of the Town and Country Planning Act 1990 may then be developed and used in accordance with planning permission for the proposed scheme notwithstanding any interference with any subsisting interests, rights or restrictions (subject to the payment of compensation calculated in accordance with sections 7 and 10 of the Compulsory Purchase Act 1965).

 

15.Delegated to the Deputy Chief Executive, in consultation with the Chairman of Housing and Growth Committee and the Chairman of Policy and Resources Committee, any actions required to take the scheme forward in relation to property and title aspects to deal with any appropriation, statutory consultation and applications for consents or statutory and/or procedural compliance in order to lawfully deliver the scheme. 

 

  1. Delegated to the Executive Director for Children’s Services, in consultation with the Chairman of the Community Leadership and Libraries Committee, any actions required in association with the proposed new library.

 

Supporting documents: