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

sdixon@lambeth.gov.uk, 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 A

ORDER MAP (SHADING SHOWING LAND TO BE SUBJECT TO CPO)

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