Council decisions

Urgent Summary DPRs 2nd and 4^th November 2016.

Approval of two Summary DPRs:-

1.    2^nd November  - West Hendon Estate – Development Stage Works licence for Phase  3b and Phase 3c

2.    4^th November - Mill Hill East Phase 5 Land Sale

This report seeks approval to accept the fixed fee proposal for construction works from Farrans Construction and to enter into an NEC contract for construction works in relation to the 2015 Schools Expansion at Monkfrith Primary School.

Approval to enter into agreements with third parties who have submitted objections to the secretary of state in relation to Brent Cross CPO1 and CPO2 in the hope that objections to the CPOs may be withdrawn.

To authorise revised costings of the existing Design Services Agreement between the Council and Network Rail, from £921,100 to £1,340,642.

This report seeks authorisation for the Council to accept £269,048 in grant funding and enter into a grant agreement with the Greater London Authority.

This report seeks authorisation to accept tender quotations for six lots for the provision of countryside management operations throughout the London Borough of Barnet.

The contract Lots cover Access maintenance of Bridleway, Meadow management, Hedge maintenance, Open Ditches, Culvert, Land drainage & Revetment maintenance and Access maintenance of Rural rights of way footpaths.

The Lots within this report identify the costs submitted by the tenderers based on their schedule of rates prices, covering the contract specification work listed within each Lot.

The contract allows for additional work to be carried out on each Lot based on the contractor’s submitted schedule of rates.

To carry out a public consultation exercise with local residents, organisations, relevant ward members, and amenity groups on the draft Character Appraisal and Management Proposals, for Moss Hall Crescent Conservation Area.

Redevelopment at Dollis Valley Park Estate Barnet, Phase 2 – Stopping Up Order No 4 - Stopping up of Highway at / adjacent to Dollis Valley Way, Barnet under Section 247 of the Town and Country Planning Act 1990

To execute the Deed of Restrictive Covenant pursuant to Clause 43 of the Property Development Agreement between LBB and the Brent Cross Cricklewood Development Partners executed on 3 March 2015.

To execute the documents to reflect the updated corporate restructuring by the Brent Cross Cricklewood Development Partners pursuant to the Property Development Agreement and associated documents executed on 3 March 2015.

Phase 1 of the Dollis Valley regeneration scheme is now nearing completion. In accordance with the decision of Assets, Regeneration and Growth Committee of 8th September 2015 the Council needs to hand over the next development phase, known as Phase 2a This will be achieved by entering into a deed of variation of the Development Agreement to provide for the grant of a development Lease of Phase 2a, being land which is not currently subject to residential occupation. The development lease of phase 2b will be completed once vacant possession of that additional land is obtained, it is anticipated towards the end of 2015.  

Associated with the hand over of this phase, the council needs to obtain vacant possession of a block of residential properties, 1 to 15 The Ridge. The acquisition of these houses is underwritten by a Compulsory Purchase Order with a vesting date of 30th March 2015.

Under the terms of the Development Agreement leaseholders on the estate have been offered the option of reinvesting the value of their existing properties into a shared equity purchase of a new home on the estate, under which agreement the Council would purchase and hold the balance of the equity.

In Phase 2 five leaseholders have opted to take up the Council’s offer and the Council now needs to provide the funding of the equity that it will retain in these five homes so that Countryside can complete the sales and move the leaseholders out of the homes which will need to be demolished for the next phase.

Prior to the grant of the Development Lease of phase 2a the Council needs to extinguish any private rights over the land that may exist in order to enable the development to proceed in accordance with the planning permission.

The majority of this land was formerly public Highway with the remainder being predominantly amenity land associated with the Estate. When the Council promoted the Stopping up Order only one party claimed any private rights and that party has already agreed a deed of release.  The Council is not aware of any other private rights but it needs to appropriate this land to Planning prior to completing the Development Lease so that any that may exist are extinguished and they will not hinder implementation of the planning permission.

Following completion of the appropriation the Council will enter into the Development lease of Phase 2a which will also enable Countryside to construct the social housing needed to rehouse Council Tenants in the remaining phases.

The Inglis Consortium LLP and Taylor Wimpey (UK) Limited entered into a Land Sale Agreement for the mutual transfer of land on 31 Marchernber 201 (the "Mutual Transfer Agreement") including Phase 4c, Millbrook Park, Mill Hill, London ("the Property") which is identified on plans numbered 1- inclusive attached edged red respectively on each.

In addition to the Mutual Transfer Agreement, it has been agreed that parts of the Estate should be transferred to the management company in order to simplify future utilities arrangements. The areas to be transferred are shown on the attached plans numbered 2 to 12.

The Estate, as defined in the transfers of the Property being entered into in pursuance of the Mutual Transfer Agreement, edged red on Plan 13 attached. The Council does not own any of the Property but it is a party to the transfers to facilitate the granting of rights to the purchaser/transferee over that part of the Estate owned by the Council.

As part of the Mutual Transfer Agreement, those members of the Inglis Consortium LLP are obliged to grant rights over parts of the Estate, including the part owned by the Council.

The enclosed transfers of part ("TP1 s") including the grant of the rights over that pa11 of the Estate owned by the Council appear to be standard for the sale of part for development, and in accordance with both the Mutual Transfer Agreement the Consortium's contractual obligations.

The Council approved entering into the Principal Development Agreement for the Stonegrove Regeneration Scheme at its Cabinet Resources Committee on 25th March 2008.  All conditions precedent of that legal agreement have been satisfied and the agreement, known as the Principal Development Agreement (PDA), which was signed on 24th September 2008 and is now in force between the Council and Barratt Evolution LLP, a joint venture between Barratt and Family Mosaic.

Under the terms of the PDA the development partner, Barratts, must serve a notice requiring the Council to transfer the land needed for the new homes. These Notices are served on a phase by phase basis, upon reaching certain contractual milestones, to enable them to complete their transfer of affordable homes to Family Mosaic and the sale of private sale dwellings in line the agreed program.

To date approximately half of the land has already been transferred by the Council and the formal Acquisition Notice calling for the draw-down of the next phase, known as phases 4a and 4b, was served on the Council on 5th March 2015.  Barratts have requested that the Council transfer part of the land directly to the Social Housing provider, Family Mosaic Homes.

Prior to the transfer the Council is required to appropriate the land to Planning to extinguish any private rights.  This was approved by Cabinet on 18th June 2007 (Cab. Dec 18/07/2007 – 6).  We are not aware of any existing private rights on this land.

This DPR is to appropriate the land in phase 4 a and 4b to Planning and then for consent to complete the transfer the land for the social housing to Family Mosaic Homes and the balance of the land to Barratt Evolution LLP, as required under the Principal Development Agreement.

To execute the commercial agreements in respect of the Brent Cross Principal Development Agreement (and associated documents), CPO Indemnity Agreement, Co-Operation Agreement and CRL Share Purchase Agreement in accordance with the terms approved by Cabinet Resources Committee dated 16 January 1014 and Urgency Committee on 26 February 2015.

This report seeks approval to

·         accept the fixed fee proposal for construction works from Morgan Sindall and to enter into an Engineering and Construction Contract (NEC) for construction works in relation to the 2015 Schools Expansion at the London Academy.

·         enter into a Development Agreement with London Academy to enable the Council and the Contractor to enter on to site and carry out the works.

·         enter into a Development Agreement with the Wren Academy Trust to enable the trust to accept the fixed contract price proposals for construction works from Willmott Dixon Construction and to enter into a Joint Contracts Tribunal (JCT) Contract for construction works in relation to the 2015 Schools Expansion at the Wren Academy.