Council decisions

Authorisation for the Deputy Chief Executive to approve and complete the Deed of Variation with North London Waste Authority and London Energy Limited to mitigate the impact on the Brent Cross programme.

That the Chief Executive authorises the completion of the documents for the acquisition of the Brent Cross South Retail Park and associated documentation as listed in paragraph 1.2 of this report (including any other ancillary documentation as required) by the Council and BX Holdings

1.    Where leaseholders meet the Hardship Criteria (Appendix 2), to confirm that the Deputy Chief Executive having consulted with the Chairman of the Housing and Growth Committee may authorise on behalf of the Council the acquisition of all the estate and interest held by each qualifying individual leaseholder on the Whitefield Estate Part 2 (“the Estate Rights”) in Brent Cross South (CPO2) at the new market values.

2.    That any transactions authorised pursuant to 1 above be effected in accordance with the Heads of Terms as shall be agreed in respect of each property and for each acquisition to be supported by a separate COD.

3.    To confirm that the Deputy Chief Executive or such other approved officer be authorised to instruct the preparation of the contracts and other appropriate required documentation for each acquisition in respect of a qualifying leaseholder referred to at 1 above to reflect the Heads of Terms and having regard to the best interests of the Council and to complete the same

4.    To confirm that the Deputy Chief Executive be authorised to proceed to acquire on the basis of the use of Call Option Agreements (“the Option”) in such form as shall be agreed having regard to the best interests of the Council and to enter into and complete the same in respect of any of those residential property owners falling within Whitefield Estate Part 2 in CPO2.

5.    To authorise residential acquisitions in the Whitefield Estate Part 2 by the Council at the updated market values as specified in the summary PCE as attached in the (exempted) Appendix 3.

To authorise the completion of  (a) the surrender of part of Headlease 1 as defined in the Exempt report entered into between the Council and Toys R Us (b) a Deed of Variation  to vary  Headlease 2 (“the TRU Site”)  as defined in the Exempt Report  (c ) the consequential amendments required to the BXS legal documentation to ensure that the TRU Site forms part of the BXS scheme;  and d)  revisions to the Direct Agreement between the council and Homes England (Lender) and to the Legal Charge to include the freehold of the TRU Site.

That funding of £301,600 be approved from the council’s Housing Revenue Account for the year 2020/21 for Barnet Homes to deploy additional management resources on the regeneration estates of Grahame Park and Dollis Valley.

To authorise the Director of Growth to place a bid on the Council’s behalf, via proxy, telephone or internet.

1. To approve the appropriation of the areas of land referred to in this report and shown shaded blue, yellow, pink and green on the plans at Appendix A of this report for planning purposes and in order to facilitate the development of land for mixed uses including residential, retail, commercial, leisure, community, infrastructure and other uses, pursuant to powers contained in section 122 of the Local Government Act 1972.

2.    To authorise Council Officers to apply to the Secretary of State for consent for the appropriation of the land referred to in this report at paragraph 2.21 below and shown shaded blue on the plans 24685/5 and 24685/6 pursuant to Section 19(2) Housing Act 1985. The appropriation of that land shall not take place until the Secretary of State has consented to its appropriation.

3.    In taking the decisions set out at paragraphs 1 and 2 above to note that the consequence, in respect of the land shown shaded blue on the plans at Appendix A and in the event that the consent of the Secretary of State referred to in paragraph 2 above is given, will be to enable easements and other rights to be overridden in accordance with the provisions of section 203 of the Housing and Planning Act 2016 (“the 2016 Act”).

4.    In taking the decisions set out in paragraphs 1 and 2 above to note that the consequence, in respect of the land shown pink, yellow and green on the plans within Appendix A, will be to enable easements and other rights to be overridden in accordance with the provisions of section 203 of the 2016 Act.

5.    To confirm that the Deputy Chief Executive may following the appropriation of the land shaded pink, yellow, green and blue on the Plans attached at Appendix A negotiate any valid claim pursuant to section 204 of the 2016 Act arising from the overriding of any third party rights, easements and covenants as a result of the appropriation pursuant to section 203 of the 2016 Act.

6.    In respect of the land shown coloured yellow on the plans at Appendix A the appropriation of that land shall not take effect until such time as a stopping up order or diversion order has been made and has come into force in relation to that land.

7.    To authorise the Director of Finance to take such necessary administrative and accounting steps to give effect to the appropriation and record the same including any required adjustments to the Housing Revenue Account (HRA).

8.    To note that the Council will transfer its land to BXS in accordance with the mechanisms set within the BXS Project Agreement.

9.    To note that further appropriations may be required and will be subject to a Chief Officer Decision report.

1.    That the Deputy Chief Executive in consultation with the Chairman of the Housing and Growth Committee gives permission to proceed with the expenditure of £550,000 funding previously allocated to deliver the proposed project Finchley Square, (as set out in Appendix 1: Business Case).

Authorisation to award a contract to City Axis Limited for £ £873,538.57 for a period of 6 months (construction period).

Note and approve the Outline Business Case for 2-10 Hermitage Lane development scheme

The Chairman introduced the report and noted that the site plans were tabled prior to the meeting. The Chairman invited discussion on the item.

The Chairman invited Members to indicate whether they had any questions regarding the information contained in the exempt report, which would require the Committee to go into private session. These were answered in the private session.

Following consideration of the item, the Chairman moved to vote.

The committee voted as follows

For                  6

Against           4

Abstain           0

The Committee resolved to note and approve the Outline Business Case for 2-10 Hermitage Lane development scheme, attached at Appendix 1 (public and exempt).

This report provides an update on the progress made on plans to revitalise the North Finchley Town Centre.

The Chairman introduced the report and invited discussion on the item.

Following consideration of the item, the Chairman moved to vote.

The committee voted as follows

For                  10

Against           0

Abstain           0

The committee resolved:

1.    to approve spend of £550,000 from the Town Centres Capital Budget for the Finchley Central Town Centre Project, to deliver physical environment interventions as identified in the Finchley Central Town Centre Strategy.

2.    That in keeping with Paragraph 2.4.9, to delegate the development and approval of a business case for the Finchley Central Town Centre Project to the Deputy Chief Executive in consultation with the Chairman of the Assets, Regeneration and Growth Committee.

3.    to note that in February 2018 government announced that the council was successful in its bid for £9.8m from the Housing Infrastructure Fund to support a development scheme at Finchley Central Station. This bid was made on behalf on TfL and is now subject to further due diligence by Homes England.

4.    That in keeping with Paragraph 2.6.7, to delegate approval of the West Hendon Broadway Town Centre Strategy to the Deputy Chief Executive in consultation with the Chairman of the Assets, Regeneration and Growth Committee.

5.    to approve spend of £60,000 from the Town Centres Capital Budget for the West Hendon Broadway Town Centre Project, to deliver public realm improvements to be identified in the West Hendon Town Centre Strategy.

Business justification case for approval

The Chairman introduced the report and invited discussion on the item.

Following consideration of the item, the Chairman moved to vote.

The committee voted as follows

For                  10

Against           0

Abstain           0

The committee resolved

1.    To approve the Business Justification Case for Phase 2 of the Microsites Programme attached at Appendix 1.

2.    To delegate authority to the Deputy Chief Executive in consultation with the Chairman of the Committee to agree the terms of a development agreement (including any variation or supplemental agreement to the existing agreement) and/or any associated documentation with Opendoor Homes based on the principles set out in the business case.

3.    To authorise the transfer of the sites listed in Table 2 (22 Edgeworth Avenue, Back Lane, Warwick Close, Underhill Court and Reets Farm Close) to be transferred to Opendoor Homes at nil value for the provision of affordable rented housing and in accordance with the terms of the agreed Development Agreement.

4.    To delegate authority to the Deputy Chief Executive to obtain any statutory or other consents required to dispose of the sites both under Housing Act 1985 where the Sites comprise land held under the HRA and also under s123 of the Local Government Act 1972 where land is held in the general fund. To delegate authority to use such of the general consents available for the disposal of the Site and where required to apply for consent to disposal to the Secretary of State on a sale at less than best consideration.

5.    Delegate authority to the Deputy Chief Executive to appropriate, where required, for planning purposes or any other relevant purposes of land included in the Site to enable disposal and to facilitate the building of new homes in accordance with the planning permission and the Development Agreement and to take all necessary steps that may be required to ensure statutory compliance in order to dispose of the Site and to take all necessary steps that may be required to dispose of the Site.

6.      to recommend to the Policy and Resources Committee that the Capital programme is increased by £5.7m to fund this proposal.

1.    Decision to award a refurbishment contract for the old Church End Library to Vinci Construction Ltd at a contract sum of £710,576+ VAT.

2.    Decision for the Network be re-located from Castle Road to Church End so that disposal of the Castle Road site can be investigated. Any subsequent land transaction will be conducted in accordance with Article 10 of the constitution and be presented for approval separately.