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Cabinet 28 November 2016
Future Brixton: Somerleyton Road project – Compulsory Purchase Order
Wards: Coldharbour
Portfolio: Cabinet Member Regeneration, Business and Growth, Councillor Jack Hopkins
Report Authorised by: Sue Foster, Strategic Director Neighbourhoods and Growth
Contact for enquiries:
Stuart Dixon, Capital Programme Manager, Major Capital Programmes
[email protected], 020 7926 3208
Report summary
This report recommends that Cabinet authorise the making of the London Borough of Lambeth (Somerleyton
Road) Compulsory Purchase Order 2016 (the Order) to acquire the key outstanding freehold property
interests in the Somerleyton Road Project (the Project) development site (the Site). This was a matter that
Cabinet considered and approved previously (10 November 2014) but this report takes account of changes
that have occurred in the time that has elapsed since that approval and it is considered appropriate for
Cabinet to consider the matter again.
The Order is required to ensure vacant possession can be obtained should the Council fail to reach a
negotiated settlement for the purchase of the outstanding property interests and to enable the Project to be
delivered in a reasonable timescale. Vacant possession is required to enable the comprehensive
redevelopment of the site that will contribute to the physical, social and economic regeneration of the area.
This report contains the relevant information required to authorise the making of the Order and all further
steps required to seek its confirmation.
The actions outlined in this report will further de-risk the Project, provide more certainty over its delivery and
ensure that the land assets will produce greater benefits for local people.
Finance summary
The Future Brixton: Somerleyton Road Project report (86/13-14) agreed a capital allocation to support the
delivery of the Project. This allocation will be repaid to the Council in full by the project.
Recommendations
(1) To note the draft Statement of Reasons (Appendix B) attached to this report, which (in addition to
the information in this report) sets out the justification for making the Order.
(2) To note the draft Order Map (Appendix A) attached to this report, which shows the proposed
boundary for the Order.
(3) To note the assessment of the impacts that the Order would have on the human rights of those
with an interest in the Site set out in this report and the draft Statement of Reasons, and the
equalities impact assessment, and that there is considered to be a compelling case in the public
interest for the making and confirmation of the Order which outweighs the interference with the
human rights of those affected by the Order.
(4) To authorise the making of the London Borough of Lambeth (Somerleyton Road) Compulsory
Purchase Order 2016 under section 226(1) (a) of the Town and Country Planning Act 1990 and
(if required for any new rights over land) section 13(1) of the Local Government (Miscellaneous
Provisions) Act 1976.
(5) To delegate authority to the Head of Legal Services to finalise the Statement of Reasons and to
make reductions to the land included within the Order, the CPO redline boundary, if appropriate
and to finalise and make consequential amendments to the Order.
(6) To authorise the Deputy Leader (Finance and Investment) in consultation with the Cabinet
Member for Jobs and Growth to take all necessary steps to make and seek confirmation of the
London Borough of Lambeth (Somerleyton Road) Compulsory Purchase Order 2016.
Reason for Exemption from Disclosure
The attached part II report is exempt from disclosure by virtue of the following paragraphs of Schedule 12A to the Local Government Act 1972: Paragraph 3: Information relating to the financial or business affairs of a particular person. (Including the
authority holding that information).
1. Context
1.1 The Somerleyton Road Project development site is a 1.5 ha site located in the Coldharbour Ward of
the London Borough of Lambeth. Approximately 75% of the site is within the ownership of the Council;
most of the Council land is owned as freehold, with the part occupied by Carlton Mansions being held
by the Council on a long lease. A private business owns part of the proposed development site mid-
way down Somerleyton Road (16-22 Somerleyton Road). London Underground Ltd (LUL) own a site
occupied by a sub-station between the Council owned land and No.16-22. For operational reasons
LUL are unable to release the land and following positive discussions officers have agreed with LUL
that their operational land will not be included within the Order; LUL having confirmed that they are
willing to explore means of improving the appearance of the site as part of the comprehensive
redevelopment of the west side of Somerleyton Road and the Council is continuing discussions with
them in this regard.
1.2 In November 2012 the Council commissioned Pollard Thomas Edwards architects (PTEa) to assess
the regeneration potential for the west side of Somerleyton Road and the surrounding area; the
commission included four consultation activities. The assessment built upon the previous work and
consultation carried out as part of the Future Brixton Masterplan 2009 and the Brixton SPD 2012 as
well as the consultations carried out by our partner, Brixton Green.
1.3 The PTEa feasibility study was presented to Cabinet on 8 July 2013 as an appendix to the Future
Brixton: Somerleyton Road Project report (86/13-14). The feasibility study was noted and all of the
reported recommendations were adopted including approval to agree the making of a Compulsory
Purchase Order to ensure delivery of the project as a comprehensive development.
1.4 A report was presented to Cabinet on 4 November 2013 with the findings of further analysis of delivery
strategies for the project. Cabinet agreed to procure a development manager and design team using
a Council-run OJEU compliant restricted procedure.
1.5 Cabinet noted the staged approach to the delivery of the development and approved the first stage.
Officers were to explore further the potential for a predominantly rented scheme, funded by the
Council, which would maximise the amount of genuinely affordable housing delivered on the site, with
Lambeth retaining ownership of the land. The aspiration was for a newly established community body,
which would provide the scheme’s residents with assurance of excellent housing and property
management through a long-term stewardship role, to own and/or manage the social housing within
the scheme.
1.6 Alongside the aforementioned residential elements there would be a range of commercial and
community spaces, which would support local people living and working along and around
Somerleyton Road. These would include the relocation of Ovalhouse Theatre to Brixton, the provision
of affordable workspace and other ancillary provision accessible to the scheme’s residents and the
wider local community.
1.7 Cabinet authorised progression of the scheme to the second stage and to commence procurement of
a contractor in July 2015.
1.8 A report was presented to Cabinet on 10 November 2014, which recommended that Cabinet give its
approval to the use of compulsory purchase powers, and authorised the making of the Order. Cabinet
approved the use of compulsory purchase powers. Since then, officers have made good progress in
working with those with an interest in the land and are confident that the council can resolve matters
by negotiation. However, it has proved difficult to engage in dialogue with the owner of the demise in
Appendix A shown as ‘Plot E’ and so the CPO now before Cabinet is much more tightly drawn and
seeks to CPO this one plot which prevents the scheme being developed so as to maximise the
community’s aspiration for a development that is contiguous across the original plan agreed with the
community; with all the benefits of sharing of communal resources that are essential to providing the
sense of a community with a shared interest and one which also shares resources in terms of cross
subsidy of affordable housing across a much large number of units than would be the case without
‘Plot E’ being included within the development.
1.9 Furthermore, by redrawing the redline from the initial position where it bounded the whole of the
Somerleyton Road site as envisaged in the Council’s planning application and reducing the CPO area
to ‘Plot E’, the council is able to decouple an impediment to delivering the community’s aspirations
without the risk of cost uncertainty that is inevitable due to factors such as cost inflation which are an
inevitable by-product of the project being held up until the owner of ‘Plot E’ either sells to the Council
or the site is subject to compulsory purchase.
1.10 Since the Cabinet’s previous decision a planning application (no. 15/05282/RG3) has been submitted
for the whole site, and this was recommended for approval by the Planning Applications Committee
in December 2015. A planning permission is to be granted imminently following the finalisation of the
s106 agreement.
1.11 Above all the existing use is not compatible with the proposed development/uses; and the only way
to ensure timely delivery of redevelopment of Plot E is by the land being held by the Council.
1.12 Given also the fact that time that has elapsed since the original report was approved without a CPO
having been made, officers consider it appropriate that Cabinet are updated.
2. Proposal and Reasons
2.1 Compulsory purchase powers are an important tool for local authorities to use as a means of
assembling the land needed to help deliver social, environmental and economic change. They can
contribute towards effective and efficient urban regeneration, the revitalisation of communities and the
promotion of business – leading to improvements in quality of life.
2.2 The Order is primarily required to secure vacant possession of the Site to enable the comprehensive
redevelopment of it. The Council will continue to endeavour to reach a negotiated settlement with the
owner of ‘Plot E’. CPO powers, once confirmed, are only likely to be used where a negotiated
settlement cannot be reached.
2.3 The London Borough of Lambeth (Somerleyton Road) Compulsory Purchase Order 2016 is to be
made pursuant to section 226(1)(a) of the Town and Country Planning Act 1990 which authorises the
Council to acquire land compulsorily in the circumstances set out in section [4] below, and subject to
following the procedures laid down by the Acquisition of Land Act 1981. It will also be made pursuant
to s13 of the Local Government (Miscellaneous Provisions) Act 1976 if any new rights over land are
required.
Land which is to be subject to the Order
2.4 The land to be included in the Order includes that shown edged red on the plan (Appendix A)
attached to this report. The Order seeks to compulsorily acquire the freehold interest in that part of
the Site delineated and marked as ‘Plot E’ on the map at Appendix A. In the remaining areas, which
form part of the overall development and were included in the previous proposed Order boundary,
including the land owned by LUL and other adjacent landowners, the Council will be able to
implement and operate the Project as it either already owns the land or is satisfied that it can deliver
the project requirements through agreements.
Description of the proposed development for Somerleyton Road
2.5 The regeneration of Somerleyton Road is one of the Council’s key priorities and is a flagship
regeneration scheme for the borough. The Council and its partners are working to create a mixed and
sustainable development that will support community life along Somerleyton Road. The Council's
consultation on the scheme has confirmed some shared opinions, which are consistently heard,
including:
• people want to see as much affordable housing as possible at Council rent levels;
• people want local jobs and training opportunities for young people;
• people don’t want to see the land sold off; and
• people want a greater say over Somerleyton Road now and in the future.
2.6 The Council and its partners are working to create an inclusive and sustainable neighbourhood that
will provide new homes, space for a large theatre, affordable workspace and a significant amount of
commercial and community space.
2.7 The preferred model at this stage is for the development to be predominantly rented; with an ambition
to maximising the amount of genuinely affordable housing that is delivered on the site, subject to the
constraints of the overall financial viability of the scheme.
Purpose and justification for seeking to compulsorily acquire the legal interests in the
Somerleyton Road development area
2.8 Compulsory purchase will enable the comprehensive redevelopment of Somerleyton Road and
enable the Council and its partners to deliver the community's aims and aspirations for the site:
• Bring Ovalhouse Theatre to Brixton
• Maximise the amount of affordable housing for local people
• Collaborative working with the local community and securing a long-term stewardship role
• Build high quality, sustainable buildings and support sustainable communities
• Employment, training and community uses shaped by local residents
• Improving community safety
• Retain the heritage assets - the nuclear dawn mural and the façade of Carlton Mansions
• Deliver the project in a timely fashion
• Deliver a financially viable scheme, which represents value for money for the Council and which
repays the up-front capital investment
• Build capacity to bring forward other development schemes within the Council
• Removal of uses on the site which are inappropriate and incompatible with the regeneration.
Human Rights
2.9 The Human Rights Act 1998 incorporated into domestic law the European Convention on Human
Rights. Public authorities are required to act in accordance with the Convention. The following
Convention rights are relevant to the decision to make and proceed with the proposed CPO.
2.10 The proposed compulsory acquisition of the property interests of third parties conflicts with the human
rights of the land owners, including their rights to respect for private and family life and to peaceful
enjoyment of their possessions. It is recognised however that regard must be had to the fair balance
that has to be struck between the competing interests of the individual and the community as a whole.
Both public and private interests are to be taken into account in the exercise of the Council's powers
and duties. Any interference with a Convention right must be necessary and proportionate.
2.11 The Council is of the view that there is a compelling case in the public interest and that the
comprehensive redevelopment of the west side of Somerleyton Road to include the provision of new
residential accommodation, new commercial and community facilities built to modern standards,
outweighs the interference with private interests held by third parties and their human rights.
2.12 The Council believes that the use of compulsory purchase powers to achieve its regeneration aims
and objectives for the comprehensive redevelopment of the west side of Somerleyton Road are
proportionate to the interference with the rights of individual land owners.
2.13 The Council has sought to negotiate a settlement with each legal interest in order that compulsory
purchase is avoided. In the case of ‘Plot E’ the owner has to date been unwilling to engage with
representatives of the Council and it is judged that continued attempts appear unlikely to achieve a
negotiated outcome and therefore the Council is not left with any alternative other than to seek the
use of compulsory purchase powers to obtain the property interests in ‘Plot E’ so that the much needed
regeneration can take place, as a whole, in a timely fashion. The Council will continue to seek to
acquire ‘Plot E’ by negotiation, and has taken account of the CPO Guidance (October 2015) in
considering when it is appropriate to commence the formal CPO process.
Planning Position
2.14 The development plan and other relevant policy documents include:
National Planning Policy Framework
London Plan
Lambeth Council’s Local Plan was adopted in September 2015.
The Future Brixton Masterplan approved by Cabinet in July 2009.
The Brixton SPD was adopted by Cabinet in March 2012
2.15 Details of relevant policies are set out in section 6 of the attached Statement of Reasons (Appendix
B). It is considered that the scheme is in accordance with and strongly supported by the development
plan and other material considerations.
2.16 The Council submitted a planning application for the scheme, which was considered by the Planning
Applications Committee in December 2015, who resolved to grant planning permission subject to
certain planning obligations being secured. The section 106 agreement has been negotiated and is
in a final form and it is anticipated will be completed, and the planning permission issued, very shortly.
Resources for land acquisition, delivery and implementation
2.17 Officers are satisfied that the necessary resources are available to achieve the comprehensive
redevelopment of the west side of Somerleyton Road.
2.18 The Future Brixton: Somerleyton Road Project report (86/13-14) agreed a capital allocation to support
the delivery of the first stage of the project. This funding was for land acquisition and delivery of the
first-stage of the project. The latter resulted in a detailed planning application for the site.
2.19 The Future Brixton: Somerleyton Road – Project Delivery report approved by Cabinet on 4 November
2013 agreed a two stage approach to the development to manage the risk exposure to the Council.
A further report was ‘Future Brixton: Somerleyton Road’ brought to Cabinet in July 2015 seeking
agreement to progress the project to Stage two, which covered the procurement of a build contractor
to progress the final pricing of the construction of the development; which subject to a further report
(likely to be May 2017) will provide a final update on the project’s objectives and progress prior to
commencement of construction in June 2017.
2.20 The Council has assessed the financial viability of the scheme and is satisfied that it is viable and
deliverable.
2.21 Further analysis is underway to explore the preferred option of a predominantly rented scheme
funded by borrowing by the Council. The borrowing would come either from the Council’s own
resources, via the Public Works Loans Board or from institutional investors. The Council is confident
that the scheme will be delivered using one of these routes.
3. Finance
3.1 The Future Brixton: Somerleyton Road project report (86/13-14) agreed a capital allocation to support
the delivery of the project. This funding was to include both the land acquisition and delivery of the
first stage of the project, which would result in a detailed planning application for the site. A subsequent
report went to Cabinet in November 2013 which agreed to a re-phasing of the existing capital
allocation to allow the procurement of a Development Manager and Design team to be brought forward
into phase I and the land acquisition costs to be deferred to phase II (as the acquisition of 16 – 22
Somerleyton Road was judged unlikely to commence until 2016).
3.2 The land acquisition costs are included within phase II and form part of the project’s overall borrowing
to build out the entire scheme. As the two adjustments detailed above offset each other the overall
effect on the project budget is expected to be nil. The capital allocation will be repaid to the General
Fund in full by the project. The range of costing likely to be incurred in acquiring the additional land
delineated at ‘Plot E’ (see Appendix A) is commercially sensitive and set out in an accompanying Part
II report which is exempt from publication by virtue of the following paragraph of Schedule 12A of the
Local Government Act 1972: Information relating to the financial or business affairs of a particular
person. (Including the authority holding that information).
4. Legal and Democracy
4.1 This proposed key decision was entered in the Forward Plan on 30 September 2016 and the
necessary 28 clear days' notice has been given. The report will be published for five clear days before
the decision is approved by Cabinet. A further period of five clear days - the call-in period – must then
elapse before the decision is enacted. If the decision is called-in during this period, it cannot be
enacted until the call-in has been considered and resolved.
4.2 Compulsory purchase powers should be used only where there is a compelling case in the public
interest for doing so and the Council has sought to acquire the land by agreement. The Council has
taken various steps to seek to acquire the relevant land by private treaty and can demonstrate that
no agreement has been reached or is likely resulting in the Council needing to exercise its compulsory
purchase powers.
4.3 By virtue of Section 226(1)(a) of the Town and Country Planning Act 1990, the Council has the power
to acquire compulsorily, subject to confirmation by the Secretary of State, land in its area if the
authority thinks that the acquisition will facilitate the carrying out of development, re-development or
improvement on or in relation to the land.
4.4 The Council must not exercise the power unless it thinks that the development, redevelopment or
improvement is likely to contribute to the achievement of any one or more of the following:-
• The promotion or improvement of the economic well-being of their area;
• The promotion or improvement of the social well-being of their area;
• The promotion or improvement of the environmental well-being of their area.
4.5 For the reasons set out above, and in the attached Statement of Reasons, it is considered that the
statutory tests for the making and confirmation of a compulsory purchase order have been met, and
that a compelling case in the public interests for the scheme and the CPO exists.
4.6 Section 13(1) of the Local Government (Miscellaneous Provisions) Act 1976 permits a local authority
to purchase any rights over land compulsorily.
4.7 Those whose property interests are affected by the CPO have a right to compensation. Compensation
will include (depending on a person's circumstances):
• the market value of the property interest
• compensation for a reduction in value of any retained land
• reimbursement for the costs of moving from the land
• statutory loss payments, and
• other costs, including reasonable professional fees in respect of the negotiation and settlement
of compensation.
4.8 Pursuant to Part II of the Equality Act 2010, public authorities must, in the exercise of their functions,
have due regard to the need to:
• eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or
under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic
and persons who do not share it; and,
• foster good relations between persons who share a relevant protected characteristic and persons
who do not share it.
4.9 Having due regard to the need to advance equality of opportunity between persons who share a
relevant protected characteristic (age, disability, gender reassignment; pregnancy and maternity,
race, religion and belief, sex and sexual orientation) and persons who do not share it involves having
due regard, in particular, to the need to:
• remove or minimise disadvantages suffered by persons who share a relevant protected
characteristic that are connected to that characteristic;
• take steps to meet the needs of persons who share a relevant protected characteristic that are
different from the needs of persons who do not share it; and,
• encourage persons who share a relevant protected characteristic to participate in public life or in
any other activity in which participation by such persons is disproportionately low.
4.10 When considering whether to adopt the recommendations of this report, the decision maker will be
exercising discretion within the constraints of the duties referred to above and should therefore have
in mind the following principles of administrative law:
• the decision must be within the Council’s powers;
• all relevant information and consideration, including the Council’s fiduciary duty to the Council
Tax payer, must be taken into account; and,
• all irrelevant considerations, including unauthorised purposes, must be ignored.
5. Consultation and co-production
5.1 There has been significant consultation on the project and this has included all third-party landowners
on the site.
5.2 The potential development of Somerleyton Road is outlined in the Brixton Masterplan 2009 and in the
co-produced Brixton SPD 2012. (c.f. Background Information in ‘Report history’ section)
5.3 Further details are set out in the attached Statement of Reasons.
6. Risk management
6.1 Failure to acquire all interests in the Somerleyton Road site will put at risk the aspirations for a
comprehensive redevelopment, which will deliver the project aims and objectives.
6.2 Failure to initiate the CPO in a timely fashion will risk delay to the Somerleyton Road project. There is
grant funding attached to elements of the scheme, including the Ovalhouse Theatre, and this could
be at risk.
6.3 There is a risk that there will be objections to the CPO leading to a Public Inquiry. Council officers
will work with its appointed team to negotiate with objectors.
7. Equalities impact assessment
7.1 An Equalities Impact Assessment (EQIA) has been carried out for the Somerleyton Road Project and
the EQIA has informed the development of this project. The EQIA had not identified any groups, which
are disproportionately negatively impacted by the development. The project’s approach to mitigation
against any potential negative impact on groups will be twofold. First through a consultative approach
in partnership with Ovalhouse and Brixton Green and secondly by reviewing the EQIA and updating
it on a regular basis once the project has reached implementation stage and gone live. The current
EQIA, which is to be updated in Q.4 2016/2017, is listed in the background information to this report.
8. Community safety
8.1 Community safety is a key issue for the Somerleyton Road project and is one of the main drivers for
change. The Somerleyton Road Passageway has been identified as an issue spot and the
comprehensive redevelopment will significantly improve the whole site / area, and this part in
particular.
9. Organisational implications
None
10. Timetable for implementation
10.1 Proposed CPO timetable
Milestone Date
CPO Resolution November 2016
Finalisation and service of CPO,
Statutory Notices and Advertisements
December 2016
Period of objections to Secretary of
State
During January 2017
Pre-inquiry period January 2017 to early summer 2017
Public inquiry Early summer 2017
Secretary of State decision Autumn 2017
Audit trail
Consultation
Name/Position Lambeth
Cluster / Division or
partner
Date Sent Date
Received
Comments in
Para:
Sue Foster Strategic Director
Neighbourhoods and
Growth
18.10.16 18.10.16 Throughout
Mike Pocock Director Major Capital
Programmes
17.10.16 27.10.16 Throughout
Alan Fleming Assistant Director
Major Capital
Programmes
17.10.16 27.10.16 Throughout
Hamant Bharadia
Assistant Director of
Finance
Business Partnering 27.10.16 27.10.16 3
Gregory Carson
Legal clearance
Corporate Resources 27.10.16 28.10.16 4.1 to 4.5
Henry Langford
Democratic Services
Corporate
Resources
25.10.16 26.10.16 4.1
Councillor Jack Hopkins Cabinet Member:
Regeneration,
Business and Culture
31.10.16 XX.10.16 Throughout
Report history
Original discussion
with Cabinet Member
01.06.14
Report deadline 16.11.16
Date final report sent 15.11.16
Part II Exempt from
Disclosure/confidential
accompanying report?
Yes
Key decision report Yes
Date first appeared on
forward plan
30 September 2016
Key decision reasons Expenditure, income or savings in excess of £500,000
Background
information
Future Brixton Masterplan: Cabinet in July 2009.
http://moderngov.lambeth.gov.uk/documents/s16732/05a%20Future%
20Brixton%20Masterplan.pdf
Brixton SPD: Cabinet in March 2012
http://moderngov.lambeth.gov.uk/documents/s40670/Future%20Brixto
n.pdf
Brixton: Somerleyton Road Project report (86/13-14). Cabinet in July
2013
https://moderngov.lambeth.gov.uk/documents/s58240/07a%20Somerl
eyton%20Road%20PART%201.pdf
Somerleyton Road Project, Compulsory Purchase Order Report:
Cabinet in November 2014
https://moderngov.lambeth.gov.uk/documents/s69759/04Somerleyton
RoadCPOFINAL.pdf
Decision in minutes of Cabinet of November 2014 (c.f. Agenda item 2
– at top of Page 4 of this item from (1) to (6).
http://moderngov.lambeth.gov.uk/documents/g8959/Printed%20minut
es%20Monday%2010-Nov-2014%2019.00%20Cabinet.pdf?T=1
Future Brixton: Somerleyton Road. Cabinet in July 2015
https://moderngov.lambeth.gov.uk/documents/s75749/Somerleyton%2
0Cab%20Final.pdf
Land Bound by Somerleyton Road, Coldharbour Lane and Railway
Line (Coldharbour) 15/05282/RG3. Lambeth Planning applications
Committee December 2015.
https://moderngov.lambeth.gov.uk/documents/s78531/15_05282_RG3
%20Somerleyton%20Road%20FINAL.pdf
Somerleyton Road Equality Impact Assessment Report
https://moderngov.lambeth.gov.uk/documents/s61051/08a%20Somerl
eyton%20EIQ.pdf)
Appendices Appendix A - Order Map (Redline setting out land to be subject to
CPO)
Appendix B - Statement of Reasons for the London Borough of
Lambeth (Somerleyton Road) Compulsory Purchase Order 2016
Appendix B
STATEMENT OF REASONS
THE LONDON BOROUGH OF LAMBETH (SOMERLEYTON ROAD) COMPULSORY PURCHASE ORDER 2016
CONTENTS PAGE
1. PURPOSE OF THIS STATEMENT 15
2. THE ORDER AND INTRODUCTION 15
3. DESCRIPTION OF THE ORDER LAND 15
4. BACKGROUND TO REGENERATION PROPOSALS 16
5. THE SOMERLEYTON ROAD PROJECT 17
6. PLANNING POLICY CONTEXT 18
7. JUSTIFICATION FOR THE USE OF COMPULSORY PURCHASE POWERS 19
8. NEGOTIATIONS TO ACQUIRE THE ORDER LAND 26
9. SPECIAL CONSIDERATIONS AFFECTING THE ORDER LAND 27
10. THE HUMAN RIGHTS ACT 1998 AND EQUALITIES IMPACT ASSESSMENT 27
11. CONCLUSION 28
APPENDIX 1 29
LIST OF PLANNING POLICIES RELEVANT TO THE ORDER 29
LONDON PLAN (2015): 29
LAMBETH LOCAL PLAN (SEPTEMBER 2015) 30
APPENDIX 2 32
LIST OF SUPPORTING DOCUMENTS 32
1. PURPOSE OF THIS STATEMENT
1.1 This Statement of Reasons has been prepared by the London Borough of Lambeth ("the Council")
in relation to the making of The London Borough of Lambeth (Somerleyton Road) Compulsory
Purchase Order 2016 ("the Order"), which was made by the Council on [on XX XX 2016] pursuant
to the Council's Cabinet decision of 28 November 2016.
1.2 This Statement sets out the Council's reasons for making the Order. The documents referred to in
this Statement of Reasons as documents relevant to the Council's case are listed in Appendix B.
2. THE ORDER AND INTRODUCTION
2.1 The Council made the Order under the Town and Country Planning Act 1990 ("the 1990 Act")
seeking powers of compulsory acquisition in relation to the land included in the Order ("the Order
Land"). The Council’s Cabinet authorised the making of Order pursuant to a decision on 28
November 2016 for the purposes of a mixed-use regeneration project at Somerleyton Road, Brixton,
Lambeth.
2.2 The Council is seeking to assemble in its ownership the land and associated rights and interests
included in the Order to secure the completion of the development, redevelopment and improvement
of the Order Land (a scheme known as the Somerleyton Road Project). The Somerleyton Road
Project is to be undertaken in accordance with the scheme for which planning permission has been
issued from the local planning authority.
2.3 The Order Land is described in Section 3 of this Statement. The interests and rights in the Order
Land are identified in the Schedule to the Order, and the Order Land is shown on the Order map
which accompanies the Order.
2.4 The Order has been made pursuant to section 226(1)(a) of the 1990 Act, [section 13(1) of the Local
Government (Miscellaneous Provisions) Act 1976] and the Acquisition of Land Act 1981. Under
section 226(1)(a) a local authority may be authorised to acquire compulsorily any land in its area
where it thinks that the acquisition will facilitate the carrying out of development, redevelopment or
improvement on the land.
2.5 Following extensive public consultation and option appraisal, described below, the Council is of the
view that the greatest regeneration benefits can be derived from demolishing the existing buildings
and replacing them with a comprehensive high quality mixed use development. The development
will be built to high environmental standards and contain a range of housing types as well as
approximately 8,000sq.m of non-residential space, including community and education facilities,
workspace and a theatre.
2.6 In order to secure implementation of the Project, the Council is proposing to develop out the site
itself, working with a team of directly engaged contractors and consultants.
2.7 The Council's reasons as to why the Order is necessary and will facilitate the development,
redevelopment or improvement of the Order Land are set out in this Statement.
2.8 Following confirmation of the Order the Council intends to implement the Order so as to enable it to
carry out the Project.
3. DESCRIPTION OF THE ORDER LAND
3.1 The Somerleyton Road Project site is located in the Coldharbour ward of the London Borough of
Lambeth and comprises approximately 1.7 hectares. The Order Land includes land on the west side
of Somerleyton Road. The site is bordered by: Coldharbour Lane to the north, Somerleyton Road to
the east, a Network Rail viaduct to the west and the Loughborough Park estate to the south.
3.2 There are currently the following buildings on the Project site:
3.2.1 Carlton Mansions – a locally listed building that is presently vacant;
3.2.2 Lambeth temporary school (now vacant);
3.2.3 Angela Davis industrial estate – a Council-owned property used as a vehicle maintenance
depot and occupied by a partner of the Council. These functions are being relocated to other
Council depot sites;
3.2.4 Number 6 Brixton – a vacant building that has formerly been used as community centre;
3.2.5 16-22 Somerleyton Road – commercial property – referred to in the planning application as
‘Plot E’, and the land which is subject to the Order;
3.2.6 Land between a London Underground substation and Somerleyton Road (this land and the
substation itself is excluded from the Order Land); and
3.2.7 Lambeth & Southwark Community Transport (LASCoT) office buildings and adjoining land –
now vacant.
4. BACKGROUND TO REGENERATION PROPOSALS
4.1 In July 2013 the Council's Cabinet approved the Future Brixton: Somerleyton Road Project report
that endorsed the indicative development strategy for the Somerleyton Road Project. The Strategy
proposed demolition of all existing buildings with the exception of Carlton Mansions.
4.2 The July 2013 report detailed the strategic delivery approach for the Somerleyton Road Project, the
Council's largest Council-led regeneration programme to date. It recorded that the Council had
worked closely with Brixton Green (a community group), the Ovalhouse Theatre and local residents
in Brixton to help devise the scheme in detail and would continue to do so up until the planning
application is submitted, and following that during the discharge of planning conditions and
construction phases.
4.3 The report referred to above and a subsequent report Future Brixton: Somerleyton Road – Project
Delivery (approved by the Council's Cabinet on 4th November 2013) explained in detail the proposed
development strategy for the Somerleyton Road Project including the proposed delivery vehicle and
proposed development scheme. The Report also included proposals for the number of units and the
mix and tenure of the new homes.
4.4 The Report also explained the potential need for a compulsory purchase order to allow
implementation of the proposed redevelopment.
4.5 The Report referred to the (then) planning policy framework that the Somerleyton Road
redevelopment must be guided by: in particular the London Plan (2011) and formal alterations
(2013), and the adopted Lambeth Core Strategy (2011).
4.6 The context for the Future Brixton: Somerleyton Road Project report was that the Somerleyton Road
Project site is part of the Future Brixton Programme, and planning policy and guidance for the future
development of the area was set out in the Future Brixton Masterplan 2009 and Brixton SPD 2013.
4.7 Public consultations undertaken for the Somerleyton Road Project included a mix of public meetings,
workshops, a Walk and Talk event and drop in sessions. The project benefitted from preliminary
engagement carried out between 2008 and 2014, both by the Council during the evolution of the
Brixton Masterplan, and by Brixton Green. Formal public consultation to support the development of
specific scheme proposals took place from late 2014 up to, and following, the submission of the
planning application in September 2015. There is also a website with information on the Project.
4.8 Brixton Green is a registered mutual society with more than 1,000 members who live or work in the
Brixton area. It acted as champion for the Project delivering leaflets about it and communicating the
proposals to fellow residents. Brixton Green also acted as a conduit between the wider resident body
and the Council, feeding back concerns and suggesting new ideas for the Project.
4.9 The vision for Somerleyton Road drawn up with the residents and the local community is set out in
the Future Brixton: Somerleyton Road Project report approved by the Council's Cabinet in July 2013.
4.10 The report stated that the Council envisaged the Somerleyton Road Steering Group (comprising
representatives from the Council, Brixton Green and Ovalhouse Theatre) would continue to play a
central role in the regeneration of the area, and the group's terms of reference included:
4.10.1 acting as a forum whereby the Council and the chosen development partner could consult and
obtain views of the local community;
4.10.2 working with the Council to ensure the Somerleyton Road Project delivered a high quality
development which meets the needs of the existing community whilst also contributing to the
wider needs of the Borough;
4.10.3 assisting the Council in effectively communicating and consulting with residents living in the
vicinity of the Somerleyton Road Project site; and
4.10.4 representing the residents and the Somerleyton Road Steering Group at key Council meetings
where decisions would be taken in relation to the Somerleyton Road Project.
5. THE SOMERLEYTON ROAD PROJECT
5.1 A planning application was submitted for the Somerleyton Road Project (planning application no.
15/05282/RG3, validated by LB Lambeth on 22 September 2015). Over 1300 individual letters were
issued to adjoining and nearby properties and local groups in relation to the planning application.
5.2 The Somerleyton Road Project is one of the first regeneration projects to be delivered as part of the
Brixton SPD. Both in itself and combined with the development of a number of properties in Brixton
town centre, it will deliver significant benefits to the area and aims to transform this part of the
borough into a vibrant and sustainable community.
5.3 The planning application development includes:
5.3.1 the demolition of all existing buildings, other than Carlton Mansions;
5.3.2 304 self-contained residential dwellings, incorporating 152 affordable dwellings of which 65 are
extra care units to meet specialist housing needs;
5.3.3 a new theatre, to accommodate the Ovalhouse Theatre relocating from Kennington;
5.3.4 community facilities, such as a children's centre, nursery and community centre;
5.3.5 neighbourhood scale retail uses to activate the street frontage;
5.3.6 office and creative workspace in Carlton Mansions, and retention of the locally listed Nuclear
Dawn mural;
5.3.7 educational and training facilities, potentially to accommodate a chef school;
5.3.8 provision of an energy centre below Block C; and
5.3.9 significant new areas of public open space, high quality public realm and an outdoor street
gym.
5.4 In total the Somerleyton Road Project aims to delivers approximately 8,000 square metres of non-
residential uses, providing a mix of community, educational, commercial and cultural uses,
supported by public realm improvements and improved linkages to the surrounding neighbourhoods.
This is fully in conformity with Lambeth Local Plan and London plan policy, and regeneration
aspirations.
5.5 Programme for delivery of the Project:
Planning application submitted December 2015
Planning committee December 2015
Planning permission issued November 2016
Start on site June 2017
CPO confirmed Autumn 2017
First units completed July 2018
Project completed December 2019
6. PLANNING POLICY CONTEXT
6.1 Relevant national planning policy, Development Plan policies and other policy documents which
are material considerations (to both the planning application and the Order) are set out below.
6.2 National Planning Policy Framework
6.2.1 The overarching planning principle set out in the National Planning Policy Framework ("the
NPPF") is a presumption in favour of sustainable development.
6.2.2 The Council believes that the Somerleyton Road Project fulfils the requirements of the NPPF
and, in particular, its core planning principles by promoting mixed use development, proactively
driving and supporting sustainable economic development to deliver homes, business and
industrial units, infrastructure and thriving local places, and creating sustainable, inclusive and
mixed communities.
6.2.3 The Council is seeking "to secure high quality design and a good standard of amenity for all
existing and future occupants of land and buildings".
6.3 The Statutory Development Plan, and related policy and guidance documents
6.3.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that planning
applications must be determined in accordance with the development plan unless material
considerations indicate otherwise.
6.3.2 The development plan for the Order Land comprises The London Plan (incorporating Minor
Alterations to the London Plan 2015-16) and the Lambeth Local Plan (adopted September 2015).
6.3.3 Other planning policy which is material to the Somerleyton Road Project include the NPPF;
National Planning Practice Guidance (March 2014, as then updated); relevant London Plan
Supplementary Planning Guidance (SPGs); and relevant Supplementary Planning Documents
(SPDs) adopted by the local planning authority including the Brixton Supplementary Planning
Document (June 2013).
6.3.4 Appendix 1 sets out a full list of the policies in the London Plan (March 2015) and the Local Plan
(September 2015), which are of relevance to the Somerleyton Road Project and the Order. The
following section identifies the key planning policies of most relevance.
6.3.5 The Local Plan site allocation identifies the Somerleyton Road site for mixed use development
as follows:
"…Improving the residential mix and housing layouts and street patterns; providing
employment space including affordable and flexible workspace, cultural and community
industries, green industries, community facilities, educational facilities, theatre/arts facilities;
improved green and play space; active/overlooking street frontages; and improved public
realm and linkages with adjoining areas. The waste depot provision could be retained or
provided elsewhere in the borough."
6.3.6 The development principles outlined for Somerleyton Road support the preferred use of the site
for a mixed-use development of residential, employment, cultural and community facilities, social
enterprise and business start up spaces, and provision of open space. The previous education
site is noted to be required until 2015, potential housing decant identified on part of the site, and
the existing depot provision is to be retained or re-provided elsewhere in the borough.
6.3.7 Development should retain the heritage value of Carlton Mansions and allow continued public
appreciation of the 'Nuclear Dawn' mural, protect the line of trees along Somerleyton Road, and
provide an active and animated use adjoining Somerleyton Passage and improves this east-
west link under the railway embankment.
6.3.8 Somerleyton Road is identified within the Brixton SPD 2013 as one of four key investment areas.
The Brixton SPD 2013 provides a headline review for Somerleyton Road, identifying the key
issues associated with the area, followed by an area framework, area-wide guidance and site-
specific guidance. The SPD identifies the key issues for the Somerleyton Road area as:
6.3.8.1 Lack of activities along this part of Coldharbour Lane which has resulted in local concerns about
streets feeling unsafe;
6.3.8.2 The area is not well integrated with the wider town;
6.3.8.3 Much of the land on the west side of Somerleyton Road is under-used and, if redeveloped, could
contribute significantly to the regeneration of the town.
6.3.8.4 The Somerleyton Road Project is considered to conform to the policies of the Lambeth Local
Plan and the London Plan. This is detailed in Section 7 below.
7. JUSTIFICATION FOR THE USE OF COMPULSORY PURCHASE POWERS
7.1 The Council has powers under Section 226(1)(a) of the 1990 Act to compulsorily acquire land
for development and other planning purposes where it thinks that the acquisition will facilitate
the carrying out of development, re-development or improvement on or in relation to the land.
7.2 In addition the Council should only exercise the power under section 226(1)(a) if it thinks that
the development, redevelopment or improvement is likely to contribute to the achievement of
one or more of the objectives of promoting or improving the economic, social or environmental
well-being of its area (section 226(1A)).
7.3 The Council considers that the Order will facilitate the carrying out of the Project, which will
redevelop the Order Land, and that the Project will improve the economic, social and
environmental well-being of its area.
7.4 The Council acts in an enabling role to ensure that housing development meets housing need
in the Borough across all developments, but has a particular role in regeneration schemes such
as the Somerleyton Road Project, where a significant part of the development site is a Council
freehold owned site and where the Council can utilise its powers of compulsory acquisition to
bring forward a site for comprehensive redevelopment.
7.5 The Council considers that the land and interests which are the subject of the Order, and in
particular the Order Land, is vital to achieving the Project and in achieving a critical mass for
new mixed tenure homes. Moreover the land is needed to remove adverse effects from a wider
area that suffers from a stigma associated with poor appearance and inadequate highway
planning, having resulted in part from localised intervention rather than strategic planning. The
existing Somerleyton Road suffers from a sense of being 'cut-off' from its surroundings, and this
is due in large degree to the negative visual and social impact of the industrial uses.
7.6 Extensive consultation with local residents and the wider local community has highlighted the
problem of the Somerleyton Road Project site being cut-off and unpopular.
7.7 The existing commercial uses on the Somerleyton Road Project site are not compatible with
residential uses in such close proximity, and the site's low density and poor site planning makes
it important that it forms part of the wider regeneration of the Somerleyton Road Project. The
Council also considers that the redevelopment of the Order Land is not likely to occur unless the
land is in the control of the Council.
7.8 The main objective of the regeneration of the Somerleyton Road Project is to create new homes
that benefit from the safety and security of traditional street planning, and which also connect
positively to their surroundings and the local community.
7.9 The extensive redevelopment of the Somerleyton Road Project site is vital in delivering
replacement homes with the added benefits of mixed tenure. In addition, revitalising the frontage
along Coldharbour Lane and Somerleyton Road, and replacing the existing low density sprawling
industrial estate, will deliver a significant marker of quality and change to the whole area.
7.10 The Council considers that the Project, designed by a team of architects led by Metropolitan
Workshop, supports the planning policy and regeneration aspirations for the site and accords
with the development plan as a whole.
7.11 Key considerations, which were taken into account in developing the Project, are discussed in
detail in the Planning Statement and the Design and Access Statement submitted in support of
the planning application. The main considerations are:
7.11.1 The principle of the development;
7.11.2 Housing delivery, quality, tenure and mix;
7.11.3 Community facilities;
7.11.4 Industrial and commercial floor space;
7.11.5 Retail, arts and culture;
7.11.6 Transport, parking and servicing;
7.11.7 Design and heritage;
7.11.8 Open space, amenity space and children's play space;
7.11.9 Arboriculture, landscape and ecology;
7.11.10 Energy and sustainability;
7.11.11 Daylight, sunlight and overshadowing;
7.11.12 Noise, vibration and air quality;
7.11.13 Flood risk, drainage and contamination; and
7.11.14 Provision of infrastructure via CIL and Section 106.
7.12 Principle of Development
7.12.1 The Project forms part of a wider strategic objective to regenerate Brixton town centre. The
Project proposes the comprehensive redevelopment of the Somerleyton Road Project site as
part of a wider programme run by the Council in partnership with relevant stakeholders.
7.12.2 A detailed strategy for the Somerleyton Road area is included within the Brixton SPD 2013 and
comprises the following:
7.12.2.1 Introduce a major new cultural facility at the northern end of Somerleyton Road, addressing
Coldharbour Lane and Brixton Village. This would generate new activity and create new
opportunities for local employment.
7.12.2.2 Consider the potential, in the context of regeneration proposals for the Somerleyton Road area
as a whole, of the opening up of new routes beneath the railway at the northern end of
Somerleyton Road to improve walking and cycling connections with the town centre.
7.12.2.3 Recognise the history of the area, in particular the locally listed Carlton Mansions and Nuclear
Dawn mural and consider how this building can be part of any new development.
7.12.2.4 Redevelop sites along Somerleyton Road to deliver a mix of new high quality affordable and
market housing together with viable complementary uses, which could include cultural,
community and commercial uses, and affordable workspace.
7.12.2.5 Encourage active ground floor uses fronting on to Somerleyton Passage, and public realm
enhancements to support greater use of this important link.
7.12.2.6 Promote redevelopment of the Council Depot along Somerleyton Road, only if an alternative site
can be found in advance of any proposal.
7.12.3 These strategic objectives are reinforced in the Somerleyton Road site allocation (number 14)
in the adopted Local Plan (as described above).
7.12.4 The development of the Project site includes 304 mixed tenure new homes and potentially up to
8,000 sq. m commercial space which includes a new theatre, office floorspace / creative
workspace, and flexible community floorspace that could be used for a range of purposes
including childcare, training and education. A key ambition for the project is to maximise the
delivery of genuinely affordable housing. In response to this ambition the Council is to develop
the site itself and deliver predominantly rented accommodation, with which target 50% affordable
housing and may be divided across social rent (70%) and intermediate (30%) and including 65
extra care homes.
7.12.5 It is intended that the Council will retain freehold ownership of the land and the new homes and
non-residential uses that comprise the planning application i.e. the entire site will be owned and
managed by the Council.
7.12.6 The proposals will deliver well-designed and efficient mixed-use development on underused,
previously developed land, which is accessible by public transport and is located within an
allocated site that is identified for comprehensive, mixed-use development.
7.12.7 The Project will assist the Council in achieving the Brixton regeneration strategy as set out in the
policies, site allocation and strategic objectives of the Local Plan and Brixton SPD. The Council
therefore considers that the principle of redevelopment is acceptable, and represents a highly
sustainable form of development that would deliver the wider social, economic and
environmental imperatives set for the site by the Local Plan.
7.13 Delivery of Housing
7.13.1 London Plan Policy 3.8 encourages a full range of housing choice. This is supported by the
London Plan Housing SPG, which seeks to secure family accommodation within residential
schemes, particularly within the social rented sector. Policy 3.11 of the London Plan states that
within affordable housing provision, priority should be accorded to family housing. Guidance is
contained within the Housing SPG (2012), as well as Policy 1.1, part C, of the London Housing
Strategy which sets a target for 42% of social rented homes to have three or more bedrooms,
and Policy 2.1, part C, of the draft Housing Strategy (2011) which states that 36% of funded
affordable rent homes will be family sized.
7.13.2 In planning policy terms the proposed housing (304 units) will contribute towards achieving the
Council's increased annual housing target of 1,559 new homes between 2015 and 2025, as set
out in the London Plan (2015). To help meet Lambeth's (and London's) growing housing need,
the Council acknowledges that it must make good use of all of its resources, looking at where it
can improve conditions for existing residents and provide additional homes, such as through the
Somerleyton Road Project.
7.14 Affordable Housing
7.14.1 The delivery of social and affordable rented units within the Somerleyton Road Project, over 50%
of which will be family homes, is one of the key priority land uses identified by the London Plan
and the Local Plan. The delivery of social rented family accommodation will also assist the
Council to meet its target of building 1,000 new homes at Council rent over the next five years.
It is acknowledged by Lambeth Housing that there is an urgent need for new genuinely affordable
homes in Lambeth. There are 21,000 people on the housing register, and prices of homes to
rent or buy are consistently rising, already being or going beyond affordable levels for many local
people.
7.14.2 There is also an emphasis on providing accommodation that meets a specific community need
in terms of affordable housing, housing for individual care needs and family-sized housing. The
delivery of 152 affordable housing units, 65 of which are extra care units, and 80 of which are
family-sized, will significantly contribute to fulfilling these objectives.
7.14.3 Lambeth Policy H1 seeks to secure the maximum reasonable amount of affordable housing on
site, and targets 40% affordable housing, or 50% where public subsidy is available, from all
major schemes. The Somerleyton Road Project seeks to deliver policy compliant affordable
housing, divided across social rent (80%) and intermediate (20%) and including 65 extra care
homes. The intermediate provision will be affordable rented homes at discount levels that are
appropriate to meet the intermediate housing objectives of the London Plan. A mix of types and
sizes compliant with Policy H4 is also proposed, ensuring the objectives relating to mixed and
balanced communities are met.
7.14.4 It is also proposed to allow (through the scheme planning obligations) flexibility within the
provision of affordable housing, so that within certain parameters the affordable housing can be
switched around between units in the development to accommodate changing demands over
time. Only a scheme delivered comprehensively could achieve this.
7.15 Housing Renewal
7.15.1 The Somerleyton Road Project is in keeping with the emerging Estate Renewal Strategy being
undertaken to inform the future management and priorities for investment across the Council's
own housing stock. It identifies Somerleyton Road site as one of the Council's priority projects.
7.16 Design and Sustainability
7.16.1 The Somerleyton Road Project is committed to excellence in design quality and sustainability in
line with the Local Plan. As a new housing development it takes account of the design and
construction policies and sustainable design and construction guidance set out in the London
Plan. The new homes will be built to Lifetime Homes standards, be of high quality, meeting and
exceeding minimum design guide standards, and are provided across a range of tenures and
unit sizes.
7.16.2 The Somerleyton Road Project also has a suite of sustainability measures for the buildings to
deliver a 35% carbon reduction over Part L Building Regulations 2013; a minimum of BREEAM
'Very good' rating for all non-residential buildings on site with an aspiration for 'Excellent'; and
residential units which follow the principles of achieving Code for Sustainable Homes Level 4.
7.17 Loss of Employment Land
7.17.1 The existing site has several industrial uses, including a housing property services depot at 10
Somerleyton Road (approx. 500 sq. m GIA), a fish distribution warehouse at 16-22 Somerleyton
Road (approx. 1,600 sq. m GIA) and the Angela Davis Industrial Estate (approx. 730 sq. m GIA),
totalling 2,830sqm GIA.
7.17.2 Whilst Lambeth Policy ED2 seeks to prevent the loss of 'B class' uses or employment generating
sui generis uses, there are exceptional circumstances where such losses will be permitted.
These include where there are clear amenity reasons justifying a change of use; where Class
D1 community or cultural uses are provided; where B class floorspace is replaced or increased
as part of mixed use development with housing; and where small, flexible, fitted out business
units are provided.
7.17.3 The Somerleyton Road Project proposals include the provision of approximately 2,800 sq. m
(GIA) of B1 office floorspace in Block A, Carlton Mansions and potentially on the top two floors
of Block B, which mitigates for the loss of industrial premises.
7.17.4 In addition, the functions being provided by the Angela Davis Industrial Estate will be merged
with other existing sites and be provided from two new depot sites elsewhere in the Borough.
These are the Mahatma Gandhi depot site and a part-new, part-refurbished facility at the existing
Shakespeare Road depot site. Planning permission has been secured for both these sites,
securing the full offsite re-provision of these functions.
7.17.5 Given the Project site's relationship to the existing residential Moorlands Estate (on the other
side of Somerleyton Road), and the wider surrounding residential uses in the area, there are
clear amenity reasons for the change of use from industrial to a more compatible, neighbourhood
range of uses.
7.17.6 It is therefore considered that the exceptional circumstances tests of Policy ED2 are met. The
existing quantity of B class floor space is replaced as part of the proposed new mixed-use
development, whilst other industrial uses are re-provided offsite. The office floorspace provided
is fully in line with the policy criteria, and a significant level of community and cultural uses are
also to be provided. There will be no net loss in employment land, taking into account the offsite
relocation, and the Project will result in an additional 700sq.m of employment floorspace.
7.18 Community Infrastructure
7.18.1 The existing site includes the '6 Brixton' community facility (265 sq. m GIA) and a temporary
school (approx. 1,300 sq. m GIA). Both are now vacant.
7.18.2 The 6 Brixton facility will be replaced with a new community facility in Block E, which at 300 sqm
GIA fully re-provides the existing provision with new Class D1 flexible community floorspace.
The existing school was provided on a temporary basis to facilitate rebuilding works and has
moved back to its permanent site on Wiltshire Road, Angell Town. There is therefore no net loss
of the educational facility.
7.18.3 In addition the Project will deliver several additional high quality community spaces across
Blocks C and E. These consist of approximately 1,200 sq. m (GIA) of flexible floorspace, and
preferred uses include a children's centre, nursery, and an educational and training facility.
7.18.4 The Project therefore is fully in compliance with Local Plan policies S1, S2 and S3, which protect
existing community premises and require large residential schemes to include appropriate
provision for social infrastructure. Furthermore, this scale of community infrastructure provision
within a mixed-use scheme, twinned with cultural uses delivered by the Theatre, is rare. It is
considered that the mix of uses provided by the Somerleyton Road project will become a flagship
community hub within Brixton, contributing to Brixton's unique sense of place, supporting
increased social engagement and facilitating community activity.
7.19 Accessibility
7.19.1 The Public Transport Accessibility Level (PTAL) of the site ranges from 6a in the north, and 4 to
the south (a PTAL of 1 indicates extremely poor access to the location by public transport, and
a PTAL of 6 indicates excellent access by public transport). The London Plan indicates that the
Site would be categorised as 'Central' for the purposes of calculating the appropriate density
range. The appropriate density range quoted in Table 3.2 of the London Plan is therefore 140-
405 units per hectare (or 650-1,100 habitable rooms per hectare). The Somerleyton Road
Project has a density of 174 units per hectare (or 523 habitable rooms per hectare), which falls
within the appropriate density ranges set out in the London Plan.
7.20 Compelling Case in the Public Interest
7.20.1 The Council recognises that a compulsory purchase order should only be made and confirmed
if there is a compelling case in the public interest, which justifies the overriding of private interests
in the Order Land. It is considered that a clear and compelling case exists in this case.
7.20.2 The Somerleyton Road Project provides a very important opportunity to realise the development
necessary to meet the Borough's housing needs. The use of the compulsory purchase powers
in section 226(1)(a) of the Town and Country Planning Act 1990 to acquire land which will
facilitate the carrying out of development, redevelopment or improvement is appropriate in the
circumstances, having regard to the Council's aspirations as shown in the relevant adopted
planning policies and now being brought forward in the planning application for the Project.
7.20.3 The Council is satisfied that the proposed development which will be carried out pursuant to the
Order will contribute to the achievement of the promotion and improvement of the economic,
social and environmental well-being of the area as envisaged by section 226(1)(A) of the 1990
Act.
7.20.4 The purpose of the Order is to enable the comprehensive implementation of the Project, which,
in the opinion of the Council, would meet its planning, housing and regeneration objectives for
the Site and for the Borough within a realistic timescale. The Somerleyton Road Project is
needed to bring vacant and underused sites and buildings back into use, to improve and increase
the housing stock, to provide significant amounts of affordable housing, to provide a mix of
affordable housing tenures, to provide an attractive area for residents and enhance the vitality
and viability of an extensive area within the Borough.
7.20.5 General economic benefits will arise from the proposed commercial development bringing
vibrancy to this part of the Borough.
7.20.6 The residential development of the Somerleyton Road Project will provide much-needed
affordable housing in a highly accessible location. The Project delivers enhanced cycle and
pedestrian links with a comprehensive package of traffic measures to improve accessibility.
Other benefits include a package of sustainability measures.
7.20.7 Compulsory purchase is essential to enable the Project to take place and the Council to achieve
its policy objectives in full. Whilst the Council is freeholder of much of the Site, it is not in a
position to secure vacant possession of all the land required without powers of compulsory
acquisition.
7.20.8 Compulsory purchase will enable redevelopment to take place in order to bring about the wider
public benefits of the Project, and the realisation of the Council's strategic objectives. The
existing use of the Order land is not compatible with the proposed redevelopment around it, and
the redevelopment of the Order land is only likely to come forward if the land is held by the
Council.
7.20.9 Section 226(1)(a) of the Town and Country Planning Act 1990, and DCLG Guidance on
Compulsory Purchase process and the Crichel Down Rules (October 2015, "the Guidance")
7.20.10 Where an Order is made under the power in Section 226(1)(a) of the 1990 Act, the Guidance
advises that the Secretary of State will take into account matters including the following. For
each, details of where this information is set out is provided:
7.20.10.1 whether there is a compelling case in the public interest to make the compulsory purchase
order – see section immediately above;
7.20.10.2 whether the purposes for which the compulsory purchase order is made justify interfering with
the human rights of those with an interest in the land affected (see section 10);
7.20.10.3 the extent to which the proposed purposes will contribute to achieving the promotion or
improvement of the economic, social or environmental wellbeing of the area – see sections 5
and 7 above;
7.20.10.4 whether the planning framework provides the justification for an order – see sections 6 and 7
above;
7.20.10.5 whether the acquiring authority has a clear idea of how it intends to use the land which it is
proposing to acquire – see section 5 above;
7.20.10.6 whether the scheme is likely to be blocked by any impediments to implementation. This needs
to include financial, physical and legal considerations, and that all the necessary resources are
likely to be available to achieve the scheme within a reasonable timescale – see respectively
sections 7.23 and 7.21 below;
7.20.10.7 the sources of funding available for both acquiring the land and implementing the scheme for
which the land is required. As much information as possible about the resource implications of
both should be provided, and the details of the timing of any funding being available - see section
7.21 below;
7.20.10.8 Whether the purpose for which the acquiring authority is proposing to acquire the Order Land
could be achieved by any other means - see section 7.22 below.
7.21 Finance and Funding for the Project
7.21.1 The Council is committed to funding the comprehensive redevelopment of the site.
7.21.2 It is estimated that the total cost of developing the Project at the Somerleyton Road Project site
will be in the region of £125m including acquisition costs for land. The Scheme has been
assessed as being viable, and funding is available from Council funding including reserves and
public borrowing subject to financial viability of the entire development so as to enable the
Scheme to progress immediately.
7.22 Alternatives to CPO
7.22.1 The Council has sought to negotiate to acquire interests in the land and to avoid the use of CPO,
but has not been successful (see further below in section 8). It has also considered whether the
Project could be brought forward in a different way, which would not require the use of CPO.
7.22.2 If compulsory purchase powers are not sought or achieved, then a redesign of the planning
approval could be required to accommodate the proposed uses in the smaller area in the
Council's ownership. This would have two consequences: firstly, it would delay significantly the
much-needed redevelopment of the area, increasing costs and testing viability; and secondly,
result in a smaller scheme delivering fewer homes and amenities which would be subject to an
inappropriate neighbouring use in the seafood factory, resulting in the loss of the very valuable
benefits to the surrounding area that will result from such development.
7.22.3 The Council has sought to negotiate with the owner and their representatives to acquire the land
by agreement and to avoid the use of a CPO but has not been successful (see further below in
section 8). It has also carefully considered whether the Project could be brought forward without
the Order Land and still achieve the public benefits of the scheme, particularly in light of the
owner of Plot E having secured planning consent for the redevelopment of the site for a mix of
residential and no-residential uses.
7.22.4 In considering whether Plot E could be excluded from the Council’s scheme an important
consideration has been the present use to which the property is put. As recognised by the
planning officer who reviewed the application for 16-22 Somerleyton Road, the continued use of
the premises for the storage and distribution of seafood would not be compatible with
neighbouring high density residential development (para 6.1.11 of the Officer’s Report). The risk
of this existing use being continued would threaten the development ambitions of the Council in
terms of the change in environment they are trying to create and the public benefits that are
realised as a consequence of the redevelopment.
7.22.5 The owner of the Plot E has secured planning permission (ref: 15/07308 FUL) for the
redevelopment of the land but has not stated his intentions to the Council as to whether this
permission will be implemented. The owner operates a business which trades from the premises
and therefore the bringing forward of the site for development is highly likely to be influenced by
the ability of the owner to source alternative accommodation in which to relocate. Furthermore,
there are legitimate concerns as to whether the owner has the expertise and financial resources
to undertake a redevelopment of the site or the inclination to develop the site as per the consent:
whilst planning permission has been secured, there is a risk that the owner (or any subsequent
owner) could seek to vary the consent either in respect of the form of development itself or
through a change to the tenure mix.
7.22.6 The lack of engagement from the owner to date as to their intentions for the land means that the
Council is not able to rely on others for this unsuitable land use to be removed. This lack of
certainty resulting from the land being outside of the ownership of the Council poses a significant
risk to the delivery of the public benefits that would arise if the development was delivered as
envisaged by the Council. Consequently, the case for the acquisition of the land under a CPO
is supported by the following two factors:
(i) that the existing use to which the property is put is not compatible with the Council’s proposals
and in order for the benefits of the scheme to be realised the use needs to be removed; and
(ii) the redevelopment of the land within a reasonable timescale would only be guaranteed
through the land being in the Council’s ownership.
7.22.7 The Council wishes to proceed with the Scheme as soon as possible following confirmation of
the Order. The Council is satisfied that the Scheme as a comprehensive redevelopment is viable,
the financial resources to deliver it are available, and that upon completion of site assembly there
will be no other impediments to implementation of the Scheme.
7.23 Impediments to the Project
7.23.1 The Council does not consider that there are any impediments to the Project progressing, subject
to confirmation of the Order.
7.23.2 The planning application in respect of the Project has been approved subject to the relevant
planning obligations being secured, and there is no reason to consider that planning permission
will not be granted.
7.23.3 The position in relation to finance and funding is set out above, and does not present any
impediment.
7.23.4 No other significant consents are required in order to implement the Project.
8. NEGOTIATIONS TO ACQUIRE THE ORDER LAND
8.1 The Guidance recognises that there are situations where it is appropriate to make a compulsory
purchase order at the same time as seeking to purchase land by agreement:
"Compulsory purchase is intended as a last resort to secure the assembly of all the land
needed for the implementation of projects. However, if an acquiring authority waits for
negotiations to break down before starting the compulsory purchase process, valuable time
will be lost. Therefore, depending on when the land is required, it may often be sensible, given
the amount of time required to complete the compulsory purchase process, for the acquiring
authority to:
plan a compulsory purchase timetable as a contingency measure; and
initiate formal procedures.
This will also help to make the seriousness of the authority’s intentions clear from the outset,
which in turn might encourage those whose land is affected to enter more readily into
meaningful negotiations. "
8.2 The Council has made, and is continuing to make, attempts to acquire outstanding interests by
private treaty and is pursuing the Order to ensure that the proposed development can proceed.
8.3 Those parts of the Project site owned by the Council are held for a mix of housing and general
fund purposes. In July 2013 Cabinet authorised the commencement of negotiations with the
owners of the other parts of the Project site (that the Council does not own), in order to seek to
secure vacant possession of the whole of the site. A capital budget to acquire the land was
approved at that Cabinet meeting. When the principle of redevelopment of the Somerleyton
Road Project was first approved by the Council's Cabinet (8th July 2013) there were around 16
residential occupiers, and 2 non-Council commercial occupiers in occupation. This has been
reduced to 1 remaining non-Council commercial occupier.
8.4 Discussions will continue with the owners of the relevant interests to seek to acquire all interests
in the Order Land by agreement. The approach adopted by the Council accords with the advice
contained in the Guidance.
9. SPECIAL CONSIDERATIONS AFFECTING THE ORDER LAND
9.1 The Order Land does not contain any scheduled monuments or listed buildings, although the
'Nuclear Dawn' mural and Carlton Mansions are locally listed.
9.2 The northwest corner of the Project site is within the Brixton Conservation Area.
9.3 There is no special category land.
10. THE HUMAN RIGHTS ACT 1998 AND EQUALITIES IMPACT ASSESSMENT
10.1 The Human Rights Act 1998 incorporated into domestic law the European Convention on Human
Rights. Public authorities are required to act in accordance with the Convention. The following
Convention rights are relevant to the decision to make and proceed with the proposed CPO.
10.2 Entitlement to a fair and public hearing in the determination of a person's civil rights (Convention
Article 6). This includes interference with a person's property rights and can include opportunities
to be heard in the consultation process. Affected landowners, lessees and occupiers have the
statutory right to be notified following the making of a CPO and to make representations to the
Secretary of State opposing the making and confirmation of a CPO through the relevant
procedures. As mentioned above, the CPO may ultimately be decided by the Secretary of State
following a public inquiry at which affected parties will have the opportunity to put their case.
10.3 Rights to respect for private and family life and home (Convention Article 8). Under article 8(2),
such rights may be restricted to the extent lawful and necessary in a democratic society in the
interests (amongst others) of economic well-being. The interference must be fair and
proportionate in the public interest. It is well established that, in order to justify compulsory
purchase on this basis, the acquiring authority must be able to show a compelling case for
acquisition in the public interest.
10.4 Peaceful enjoyment of possessions (First Protocol Article 1). This right includes the right to
peaceful enjoyment of property and not to be deprived of one's property except and in proportion
to the public interest. Again, it is well established that, in order to justify compulsory purchase on
this basis, the acquiring authority must be able to show a compelling case for acquisition in the
public interest. The right of dispossessed land owners to receive land compensation is relevant
to that question.
10.5 It is recognised that regard must be had to the fair balance that has to be struck between the
competing interests of the individual (i.e. human rights) and the community as a whole (that
sought to be achieved through the use of the Order). Both public and private interests are to be
taken into account in the exercise of the Council's powers and duties. Any interference with a
Convention right must be necessary and proportionate.
10.6 The Council has considered whether its actions would infringe the human rights of anyone
affected by the making of the CPO. The Council has considered the balance to be struck
between individual rights and the wider public interest. It considers that interference with
Convention rights caused by the CPO is compellingly justified in the public interest, in order to
secure the significant economic, social and environmental benefits that implementing the
Somerleyton Road Project scheme in its entirety will achieve, including complete redevelopment
of a run-down part of the Borough of Lambeth.
10.7 In discharging all its functions, the Council has a statutory duty under section 149 of the Equality
Act 2010 to have due regard to the need to:
10.7.1 eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by
or under the Act;
10.7.2 advance equality of opportunity between persons who share a relevant protected characteristic
and persons who do not share it; and
10.7.3 foster good relations between persons who share a relevant protected characteristic and
persons who do not share it.
10.8 Section 149 gives greater detail of what each of the above matters involves, which the Council
has taken into account. The "relevant protected characteristics" are age; disability; gender
reassignment; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.
10.9 A full Equality Analysis ("EqA") has been undertaken to assess the impact on protected groups
of the making of the Order and implementation of the Scheme, in line with the Equality Act 2010.
EqA includes consideration of the impact upon protected groups whose lives may be affected
by the acquisition of land and rights, by the construction of the Scheme and/or by the completed
Scheme.
10.10 The implementation of the Order and underlying scheme could potentially affect the wider
community, such as:
10.10.1 those who currently own or occupy land within and around the affected area including business
and land owners;
10.10.2 current visitors as well as future visitors to the affected area; and
10.10.3 those who live within or around the affected area now or will do so in the future.
10.11 It is considered that once the Scheme has been completed, all groups would benefit from the
improved physical environment as well as the wider economic benefits stemming from the
proposals. The proposed new, well-designed public spaces would create quality meeting places,
which would help to foster good relations between all members of the community. This may help
to mitigate crime and the fear of crime, of particular benefit to vulnerable members of protected
groups.
11. CONCLUSION
11.1 The implementation of the Project will create a high quality and sustainable mixed-use
development that will improve the quality of life of existing and future residents and the wider
community, and complement the cultural and social heritage of Brixton.
11.2 It is fully in accordance with national and local planning policies, which promote sustainable
regeneration, housing delivery and community activity. For the reasons stated above, the
Council considers the Order to be within the statutory powers and that a compelling case exists
in the public interest for the making and confirmation of the Order. The Council, therefore,
requests the Secretary of State to confirm the Order.
APPENDIX 1
List of Planning Policies Relevant to the Order
London Plan (2015):
Policy 2.9 – Inner London
Policy 2.14 - Areas for regeneration
Policy 3.1 - Ensuring equal life chances for all
Policy 3.2 - Improving health and addressing health inequalities
Policy 3.3 - Increasing housing supply
Policy 3.4 - Optimising housing potential
Policy 3.5 - Quality and design of housing developments
Policy 3.6 - Children and young people's play and informal recreation facilities
Policy 3.7 - Large residential developments
Policy 3.8 - Housing choice
Policy 3.9 - Mixed and balanced communities
Policy 3.10 – Definition of Affordable Housing
Policy 3.11 - Affordable housing targets
Policy 3.12 – Negotiating affordable housing on individual private residential and mixed use schemes
Policy 3.13 – Affordable Housing thresholds
Policy 3.15 – Co-ordination of housing development and investment
Policy 3.16 - Protection and enhancement of social infrastructure
Policy 3.17 – Health and social care facilities
Policy 3.18 – Education facilities
Policy 4.2 - Offices
Policy 4.3 - Mixed use development and offices
Policy 4.4 - Managing industrial land and premises
Policy 4.5 - London's visitor infrastructure
Policy 4.6 – Support for and enhancement of arts, culture, sport and entertainment provision
Policy 4.8 – Support for and enhancement of arts, culture, sport and entertainment provision
Policy 4.9 – small shops
Policy 4.12 - Improving opportunities for all
Policy 5.1 - Climate change mitigation
Policy 5.2 - Minimising carbon dioxide emissions
Policy 5.3 - Sustainable design and construction
Policy 5.5 - Decentralised energy networks
Policy 5.6 - Decentralised energy in development proposals
Policy 5.7 - Renewable energy
Policy 5.9 - Overheating and cooling
Policy 5.10 - Urban greening
Policy 5.11 - Green roofs and development site environs
Policy 5.12 - Flood risk management
Policy 5.13 - Sustainable drainage
Policy 5.14 – Water quality and wastewater infrastructure
Policy 5.15 - Water use and supplies
Policy 5.18 - Construction, excavation and demolition waste
Policy 5.21 - Contaminated land
Policy 6.3 – Assessing effects of development on transport capacity
Policy 6.9 - Cycling
Policy 6.10 – Walking
Policy 6.13 – Parking
Policy 7.1 - Building London's neighbourhoods and communities
Policy 7.2 - An inclusive environment
Policy 7.3 - Designing out crime
Policy 7.4 - Local character
Policy 7.5 - Public realm
Policy 7.6 - Architecture
Policy 7.7 - Location and design of tall and large buildings
Policy 7.8 – Heritage assets and archaeology
Policy 7.9 – Heritage-led regeneration
Policy 7.11 – London View Management Framework
Policy 7.12 – Implementing the London View Management Framework
Policy 7.13 – Safety, security and resilience to emergency
Policy 7.14 - Improving air quality
Policy 7.15 - Reducing noise and enhancing soundscapes
Policy 7.18 - Protecting local open space and addressing local deficiency
Policy 7.19 - Biodiversity and access to nature
Policy 7.20 – Geological Conservation
Policy 7.21 - Trees and woodlands
Policy 8.2 – Planning Obligations
Lambeth Local Plan (September 2015)
Strategic Objective A - Accommodating population growth
Strategic Objective B - Achieving economic prosperity and opportunity for all
Strategic Objective C - Tackling and adapting to climate change
Strategic Objective D - Providing essential infrastructure
Strategic Objective E - Promoting community cohesion and safe, liveable neighbourhoods
Strategic Objective F - Creating and maintaining attractive, distinctive places
Policy D2 - Presumption in favour of sustainable development
Policy D3 - Infrastructure
Policy D4 - Planning Obligations
Policy H1 - Maximising housing growth
Policy H2 - Delivering affordable housing
Policy H4 - Housing mix in new developments
Policy H5 - Housing standards
Policy H8 - Housing to meet specific community needs
Policy ED6 - Town centres
Policy ED7 - Evening economy and food and drink uses
Policy ED9 - A2 uses
Policy ED10 - Local centres and dispersed local shops
Policy ED11 - Visitor attractions, leisure, arts and culture uses
Policy ED13 - Markets
Policy ED14 - Employment and training
Policy S1 - Safeguarding existing community premises
Policy S2 - New or improved community premises
Policy S3 - Schools
Policy T1 - Sustainable travel
Policy T2 - Walking
Policy T3 - Cycling
Policy T6 - Assessing impacts of development on transport capacity
Policy T7 - Parking
Policy T8 - Servicing
Policy EN1 - Open space and biodiversity
Policy EN2 - Local food growing and production
Policy EN3 - Decentralised energy
Policy EN4 - Sustainable design and construction
Policy EN5 - Flood risk
Policy EN6 - Sustainable drainage systems and water management
Policy EN7 - Sustainable waste management
Policy Q1 - Inclusive environments
Policy Q2 - Amenity
Policy Q3 - Community safety
Policy Q4 - Public art
Policy Q5 - Local distinctiveness
Policy Q6 - Urban design: public realm
Policy Q7 - Urban design: new development
Policy Q8 - Design quality: construction detailing
Policy Q9 - Landscaping
Policy Q10 - Trees
Policy Q11 - Building alterations and extensions
Policy Q12 - Refuse/recycling storage
Policy Q13 - Cycle storage
Policy Q15 - Boundary treatments
Policy Q16 - Shop fronts
Policy Q18 - Historic environment strategy
Policy Q22 - Conservation areas
Policy Q23 - Undesignated heritage assets: local heritage list
Policy Q25 - Views
Policy Q26 - Tall and large buildings
Policy PN3 - Brixton
Site Allocation 14 - Somerleyton Road SW9
APPENDIX 2
List of supporting documents
1. The Future Brixton: Somerleyton Road Project report July 2013
2. The Future Brixton: Somerleyton Road – Project Delivery report November 2013
3. The Future Brixton: Somerleyton Road CPO report November 2016
4. National Planning Policy Framework (2012) – extracts
5. London Plan (2015) – extracts
6. Lambeth Local Plan (September 2015) – extracts
7. Brixton SPD (2013)
8. Future Brixton Masterplan (2009)
9. Planning application (reference 15/05282/RG3) and supporting documents