PROOF OF EVIDENCE IN RELATION TO …bailey.persona-pi.com/Public-Inquiries/seven-sisters/...3.1 The Order Land is prominently located on the western side of Tottenham High Road and

PROOF OF EVIDENCE IN RELATION TO COMMERCIAL NEGOTIATIONS ON BEHALF OF THE ACQUIRING AUTHORITY

The London Borough of Haringey (Wards Corner Regeneration Project)

COMPULSORY PURCHASE ORDER 2016

Stephen Walker, Senior Director, CBRE

June 2017

CONTENTS 1. Qualifications and Experience ................................................... 2

2. Introduction and Scope of Evidence .......................................... 3

3. Description of the Order Land ................................................... 4

4. Relevant Policy .......................................................................... 7

5. Relocation Strategy ................................................................... 9

6. Communications and Negotiation Strategy ............................. 11

7. Rights of Light ......................................................................... 22

8. Consideration of Objections Received ..................................... 24

9. Summary and Conclusions ...................................................... 28

10. Declaration ............................................................................. 30

APPENDICES

A. Commercial Property Availability Schedule .................................

B. Sample Letter to Affected Parties – Nov 2014 ..............................

C. CBRE Offer Letter – Sample .........................................................

D. Communication Schedule ...........................................................

E. Communications Example – Airmoss Ltd .....................................

CBRE | PROOF OF EVIDENCE IN RELATION TO COMMERCIAL NEGOTIATIONS ON BEHALF OF THE ACQUIRING AUTHORITY

Qualifications and Experience

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1.1 My name is Stephen Walker. I am a member of the Royal Institution of Chartered Surveyors (MRICS), an RICS Registered Valuer and a member of both the Compulsory Purchase Association and National Infrastructure Planning Association.

1.2 I am a Senior Director and Head of the Compulsory Purchase Team at CBRE Ltd, an International Property Consultancy. I have been with the firm for 11 years and am based in London.

1.3 CBRE is the world’s leading commercial property and real estate services adviser, providing a comprehensive range of commercial property services. We have approximately 10,000 people based in the UK in key cities including Aberdeen, Belfast, Birmingham, Bristol, Edinburgh, Glasgow, Jersey, Leeds, Liverpool, London, Manchester and Southampton. UK turnover is in excess of £350m.

1.4 I have over 25 years’ experience of providing advice on compulsory purchase and compensation matters on a variety of schemes including town centre development, transport infrastructure, housing and mixed use regeneration projects.

1.5 Throughout my career I have advised a variety of acquiring authorities including London Boroughs, district and borough councils, Development Agencies, Central Government and statutory bodies (such as Network Rail, the Highways Agency (as was) and numerous utility companies) and developers who work alongside acquiring authorities to bring about comprehensive redevelopment (e.g. Grainger). I also have experience of advising and acting on behalf of landowners and occupiers whose property interests are included in compulsory purchase orders.

1.6 In addition to my involvement in the Seven Sisters project, over the past 10 years I have had significant roles in obtaining compulsory purchase orders for the London 2012 Olympics, Thames Tideway Tunnel and High Speed Two and on behalf of Solihull MBC, Bedford BC, LB Tower Hamlets and National Grid.

1.7 As a Chartered Surveyor acting as an Expert Witness in a Public Inquiry I am required to include in my evidence a declaration that my evidence is produced in accordance with the Royal Institution of Chartered Surveyors’ Practice Statement on “Surveyors acting as Expert Witnesses (Fourth Edition) 2014”. This is included at the end of my evidence.

Qualifications and Experience


Introduction and Scope of Evidence

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2.1 I was first instructed by Grainger Seven Sisters Limited (“Grainger”) in September 2012 to provide strategic advice on the use of compulsory purchase and cost estimates for property acquisitions and compensation payments. By June 2014 we had instructions to pursue negotiations with the parties who had been identified as having property interests included in the area identified in the draft Compulsory Purchase Order.

2.2 Grainger already had advisers, Union Land, working on its behalf to acquire land and properties by agreement, and this involvement dates back to 2004. In 2014 the property interests which remained to be acquired were shared between CBRE and Union Land and this is an arrangement which continues.

2.3 The work being conducted by CBRE and Union Land is scoped out in formal letters of appointment. In respect of valuation of property interests and negotiation of compensation these letters state as follows:

‘In carrying out the Services, we will owe a duty of care to both Grainger Seven Sisters Limited ("Grainger") and the London Borough of Haringey ("the Council") (being the acquiring authority in relation to the CPO).

In this way there is an express responsibility on CBRE and Union Land to act in the interests of both LB Haringey (“the Council”) and Grainger.

2.4 My role has included:

2.4.1 Assisting the identification and appointment of land referencing consultants and supporting their work to deliver the Book of Reference;

2.4.2 Providing advice on the expected cost of purchasing the land required for the scheme and regularly updating this to reflect market fluctuations and the benefit of having additional information obtained through discussions with owners and occupiers;

2.4.3 Developing the strategy for land acquisition and putting in place the support expected to be required by owners and occupiers potentially affected by the promotion of the redevelopment proposals;

2.4.4 With support from Union Land, leading discussions with the owners and occupiers of the property identified as being required for the scheme and to negotiate by agreement the acquisition of their interests; and

2.4.5 Advising on the use of compulsory purchase powers and assisting in the formulation of the case for the justification of their use.

2.5 My evidence does not cover the property interests associated with Seven Sisters Market.

2.6 In this proof of evidence I detail how the Council has satisfied the negotiation requirements set down in the Government’s Guidance (published in 2015) on the use of compulsory purchase powers.

Introduction and Scope of Evidence


Description of the Order Land

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3.1 The Order Land is prominently located on the western side of Tottenham High Road and comprises 227-259 High Road, 709-723 Seven Sisters Road, 1a-11 West Green Road and 8-30 Suffield Road.

3.2 The central and southern part of the Order Land sits above the Seven Sisters Victoria Line Underground station and tunnels. The Wards Corner Building is located at its south-eastern corner, the ground floor of which accommodates the Market (comprising 60 separate retail units).

3.3 The frontage to 227-259 High Road, with two and three storey properties, provides retail and commercial floor space on the ground with residential flats on some first and second floors. Located at 1a-11 West Green Road and 709-723 Seven Sisters Road are retail and commercial ground floor uses (and on some upper floors) with residential upper floor accommodation in two and three storey properties. As above, the West Green Road/Seven Sisters shopping area is classified as a district centre by the London Plan.

3.4 Numbers 8-30 Suffield Road are different in character, Suffield Road being a relatively quiet residential one-way street with two storey terraced properties. It provides rear access at its southern end to some properties on Seven Sisters Road and High Road, together with small car parking areas at both the northern and southern ends.

3.5 The High Road frontage and numbers 1a/b and 1 West Green Road are located within the Seven Sisters/Page Green Conservation Area. The Wards Corner Building at 227 High Road/725 Seven Sisters Road, together with numbers 1A and 1B West Green Road, are locally listed buildings.

3.6 The Order Land benefits from excellent public transport accessibility with easy access to the London Underground, London Overground and many bus routes. The Seven Sisters National Rail station is identified as a proposed stop on the Crossrail 2 line, which would further increase the level of public transport accessibility.

3.7 The relevant interests in the Order land are correspondingly numbered on the Order Plan. In addition to those interests noted below, London Underground Limited (“LUL”) has an interest in plots 1 – 11, 13-14, 21 and 28. TfL and the Council in their respective capacities as local highway authority also have interests in the Order Land.

3.8 Plot 1 comprises part of a demolished site and part width of highway known as Seven Sisters Road.

3.9 Plot 2 is the retail premises at the ground floor of 717 and 719 (odds) Seven Sisters Road, which is subject to a third party lease, and the residential premises above comprising three flats together with part width of highway known as Seven Sisters Road.

3.10 Plot 3 is the retail premises at 715 Seven Sisters Road, which is subject to a third party lease, and those residential premises above at 715A Seven Sisters Road together with part width of highway known as Seven Sisters Road.

3.11 Plot 4 is the retail premises at 713 Seven Sisters Road and the residential premises above together with part width of highway known as Seven Sisters Road. Plot 4 is within the ownership of the Council (as landowner).




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3.12 Plot 5 is the retail premises at 711 and 711A Seven Sisters Road, which is subject to leasehold interests, and those residential premises above together with part width of highway known as Seven Sisters Road.

3.13 Plot 6 is the retail premises at 709 Seven Sisters Road and first and second floor flats, at 709A and 709B Seven Sisters Road, which are all subject to third party leases and half width of highway known as Suffield Road and part width of highway known as Seven Sisters Road.

3.14 Plot 7 is the parking area/compound land formerly known as 2 and 2A Suffield Road and half width of highway known as Suffield Road.

3.15 Plot 8 is the buildings and yard formerly known as 4 and 6 Suffield Road and half width of highway known as Suffield Road.

3.16 Plots 9 – 15 comprise residential properties at 8, 10, 12, 14, 16, 18 and 18A and 20 Suffield Road, respectively, together with their respective parking bays and respective half widths of highway known as Suffield Road. Plots 11 (being 12 Suffield Road) 14 (being 18 and 18A Suffield Road) and 15 (being 20 Suffield Road) are within the ownership of the Council (as landowner).

3.17 Plots 16 and 17 are residential properties at 22 and 24 Suffield Road, respectively, together with their respective parking bays and respective half widths of highway known as Suffield Road. They are unoccupied.

3.18 Plots 18 - 20 comprise residential properties at 26, 28 and 30 Suffield Road, respectively, together with their respective parking bays and respective half widths of highway known as Suffield Road.

3.19 Plot 21 is the access road and parking bays east of Suffield Road and part of Suffield Road, which is currently used as a car wash.

3.20 Plot 22 is the retail premises subject to leasehold interests relating to Tropical Foods and Fair Deal Cash and Carry at 9 and 11 West Green Road, together with residential premises and half width of highway known as Suffield Road and half width of highway known as West Green Road.

3.21 Plot 23 is the retail premises at 3 – 7 (odds) West Green Road leased (in respect of the ground and basement floors) to Sainsbury's Supermarkets Limited and residential premises above, together with half width of highway known as West Green Road.

3.22 Plot 24 is the retail premises relating to Cosmos News and residential premises at 1 West Green Road together with half width of highway known as West Green Road.

3.23 Plot 25 is the retail premises at 1A and 1B West Green Road and half width of highway known as West Green Road.

3.24 Plot 26 is the retail premises at 255 – 259 (odds) High Road known as Jinny's and residential premises known as 255A, 255B, 257A and 257B High Road together with half width of highway known as West Green Road and part width of highway known as High Road. The premises are subject to leasehold interests. In respect of the ground floor and basement lessee, Strandstar Limited, is in liquidation.



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3.25 Plot 27 is the derelict site formerly known as 251 and 253 High Road, together with part width of highway known as High Road. This plot of land is unoccupied.

3.26 Plot 28 is the retail premises known as 227 – 249 (odds) High Road, which comprises all of the retail units that make up the Market, subject to third party leases and licences, and part width of highway known as High Road and part width of highway known as Seven Sisters Road.

3.27 In summary, the Order Land comprises 28 plots of land. The residential premises known as 713 Seven Sisters Road (comprising part of plot 4) and 22 and 24 Suffield Road (plots 16 and 17) are unoccupied as at 01 June 2017. As to non-residential interests in the Order Land, the land described at plot 1 and plot 27 and the retail interests in respect of plot 4 are also unoccupied, other than occupation by TfL in its capacity as highway authority. There are various mortgagees, rights of way, rights of utilities and other interests including rights to light over the Order Land listed in Table 2 of the Schedule of Interests.


Relevant Policy

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4.1 Advice for acquiring authorities is given in the Department for Communities and Local Government (DCLG) Guidance on Compulsory Purchase. This document was published in October 2015.

4.2 I have selected two paragraphs from the guidance particularly pertinent to my evidence:

4.3 Para 2 “When should compulsory purchase powers be used?”

Acquiring authorities should use compulsory purchase powers where it is expedient to do so. However, a compulsory purchase order should only be made where there is a compelling case in the public interest.

The confirming authority will expect the acquiring authority to demonstrate that they have taken reasonable steps to acquire all of the land and rights included in the Order by agreement. Where acquiring authorities decide to/arrange to acquire land by agreement, they will pay compensation as if it had been compulsorily purchased, unless the land was already on offer on the open market.

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.

When making and confirming an order, acquiring authorities and authorising authorities should be sure that 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. The officers’ report seeking authorisation for the compulsory purchase order should address human rights issues.

4.4 Para 16 “What are the benefits of undertaking negotiations in parallel with preparing and making a compulsory purchase order?”

Undertaking negotiations in parallel with preparing and making a compulsory purchase order can help to build a good working relationship with those whose interests are affected by showing that the authority is willing to be open and to treat their concerns with respect. This includes statutory undertakers and similar bodies as well as private individuals and businesses. Such negotiations can then help to save time at the formal objection stage by minimising the fear that can arise from misunderstandings.

Talking to landowners will also assist the acquiring authority to understand more about the land it seeks to acquire and any physical or legal impediments to development that may exist. It may also help in identifying what measures can be taken to mitigate the effects of the scheme on landowners and neighbours, thereby

Relevant Policy


Relevant Policy

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reducing the cost of a scheme. Acquiring Authorities are expected to provide evidence that meaningful attempts at negotiation have been pursued or at least genuinely attempted, save for lands where land ownership is unknown or in question.”

4.5 My evidence demonstrates that Grainger and the Council has complied with the requirement of the DCLG Guidance on Compulsory Purchase Process such that reasonable steps have been taken to acquire all land and rights by agreement and that there have been meaningful attempts at negotiation.


Relocation Strategy

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General

5.1 The activities in connection with landowner and occupier negotiations conducted primarily by CBRE and Union Land are monitored and reviewed at the Project Property Team (‘PPT’) meeting which has been convened monthly over the last two and a half years. The meeting is attended by (amongst others) representatives from Grainger and the Council. Other members of the team promoting the development attend if and when required.

5.2 A monitoring system is in place which includes a schedule of the interests, a status of the negotiations and agreed immediate next actions. This is held on a centralised computer based record system called SharePoint. The record system contains copies of all correspondence, notes of meetings, notes of telephone conversations and e-mails. Save where otherwise stated, I have not produced copies of these communications given the volume of documents involved, but can do so if requested.

5.3 The PPT has set out to use reasonable efforts to acquire all property interests by agreement or reach an agreement that establishes the basis on which a future transaction will be undertaken. It has agreed to have flexibility with regard to the structure of such agreements. The PPT meeting provides the forum for regular updates in this regard.

5.4 The PPT has used reasonable efforts to make direct contact with all affected parties having an interest in the Order Land or whose rights are required and to give them the opportunity to enter into negotiations. A focus of these negotiations will often be the matter of relocation. Where this has been taken up, the PPT has been progressing negotiations diligently and has in all circumstances maintained comprehensive written records to evidence the position with each party.

5.5 The particular circumstances of each case have influenced the approach taken by the PPT. A range of contractual mechanisms have been offered and used to reach agreement on all land interests needed to deliver the Order Scheme. These include early acquisitions, options and conditional contracts.

Freeholds/Long Leaseholds

5.6 The PPT has sought and continues to seek, where practicable, to reach agreement to acquire freehold and long leasehold properties, particularly when the properties are occupied by tenants. This is in recognition of the fact that where Grainger or the Council does not own or have control over the landlords’ interests in properties it makes finalising agreement with the tenant more difficult.

5.7 Where the landlords’ interests have not been acquired at an early stage the PPT is continuing to seek (along with other potential agreements) to agree options and conditional contracts for the acquisition of those interests and of the tenants’ interests where practicable.

5.8 If a landlord’s interest is acquired or controlled by option, agreement can more easily be reached with tenants to allow them to leave at an appropriate time, take up opportunities to relocate, or pursue other options, depending on their circumstances.

Relocation Strategy


Relocation Strategy

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Occupiers

5.9 The PPT is keeping a live record of vacant commercial property in the vicinity of the Order Land and this information is being made available to those looking to relocate. These records will continue to be updated throughout the land assembly period. An example of the schedule being produced is included in Appendix A of my evidence. In parallel bespoke searches are being made reflecting the particular requirements specified by business owners during meetings with CBRE and Union Land.

5.10 The PPT is actively engaged in negotiations with affected tenants. Depending on the circumstances a range of agreements have been used or are being offered:

• Agreeing a purchase price to enable acquisition at an agreed time.

• Agreeing an early acquisition, either on the basis that a price is agreed or there is a mechanism for reaching that price.

• Agreeing to allow a lease to be surrendered at an appropriate time.

• Agreeing an arrangement whereby there is an extended notice period before a property is acquired.

• Agreeing to acquire conditional on confirmation of the CPO and/or other matters.

• Agreeing to acquire on acquisition of the landlord’s interest.

5.11 The PPT is dealing with all those affected on a fair basis. It is acknowledged that some parties might be more significantly affected than others. The PPT is ensuring that a flexible and empathetic approach is taken in such circumstances and is using reasonable efforts to reach agreements with these parties that reflects the particular difficulties or sensitivities that they are faced with.

5.12 Occupiers are being kept informed of progress. All contact is being recorded and stored on a readily accessible data base available to the PPT. The progress in each case is being monitored through regular meetings.

5.13 Clause 4 of the s106 agreement states as follows:

Not to market and/or let the Retail Units otherwise than in accordance with a strategy which:

(a) is consistent with the promotion of West Green Road as a district centre with a focus on local independent trading; and

(b) provides for rents that are consistent with rents being paid for units of a similar size and nature in the vicinity of the Site.

5.14 In our negotiations with occupiers the opportunity to return to the scheme has been offered. There has been interest in this option and discussions continue with some of the occupiers on this basis.


Communications and Negotiation Strategy

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6.1 In accordance with the DCLG Guidance on Compulsory Purchase, the PPT has implemented an acquisition strategy which has been applied from the early stages of the scheme. The strategy is split into sections which I have detailed below:

Communications and Engagement

Negotiations (including Freeholds/Long Leaseholds, Occupiers and Rights)

Communications & Engagement

6.2 Between 2004 and 2014 Union Land has worked with Grainger to assemble the development site by agreement. The following acquisitions were secured in this period:

Grainger Acquisitions 2004 - 2014 REF. ADDRESS COMMENT

1. 1 West Green Road Tenant holding over - Patel

2 709 Seven Sisters Road Subject to two residential leases

3 715 Seven Sisters Road Short lease - Nanjuwany

4 721 Seven Sisters Road Demolished

5 723 Seven Sisters Road Demolished

6 251 High Road Demolished

7 253 High Road Demolished

8 4-6 Suffield Road Vacant

9 10 Suffield Road AST


11 18a Suffield Road AST

12 22 Suffield Road Vacant

13 24a and 24b Suffield Road Vacant


15 Land to rear of Suffield Road Vacant

6.3 The grant of planning permission for the scheme in July 2012 coincided with the appointment of CBRE in September 2012 to update Grainger’s acquisitions strategy with the objective of completing assembly of the site for redevelopment by agreement.

6.4 By June 2014 the PPT had been formed and one of its first initiatives was an attempt to contact by letter every party whose property or rights in property were still required. This letter was sent during November and December 2014. Details of the scheme were provided and an invitation to meet extended. The objective was to meet and explain the up to date position on the scheme development prior to the commencement of a wider public consultation on the project proposals. An example of the letter sent is included in Appendix B.

6.5 With those parties that engaged, the initial meeting provided information on the current status of the Scheme; the current timetable; and the potential impact of the




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Scheme on their property. It was also an opportunity for those impacted to discuss their concerns and enter into negotiations with Grainger.

6.6 A continuous dialogue has been maintained where practicable with those parties that have continued to engage. With those that have not, we have continued to send by mail updated correspondence, development newsletters and have published the latest scheme information on the Seven Sisters Regeneration and council websites. A screenshot of the Seven Sisters website is included here:



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6.7 Communications relating to scheme progress have been sent through a range of media, including one to one meetings, letters, e-mails and telephone conversations. Relevant correspondence and records of communications have been gathered and stored so that there is an up to date record of all communications with all parties as far as practicable.



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Negotiations

6.8 The PPT has continued to use all reasonable efforts to acquire interests by agreement. If that has not been possible, we have offered to enter into an agreement that establishes the basis on which a future transaction could be undertaken. The PPT has therefore made direct contact with all affected parties known to have an interest in the land or whose rights are required and given them the opportunity to enter into negotiations.

6.9 The particular circumstances of each case have influenced the approach taken. A number of different contractual mechanisms have been adopted to help reach agreement on all land interests. The proposals emerging from the strategy are set out below:

Freeholds/Long Leaseholds & Occupiers

6.10 CBRE and Union Land have endeavoured to reach agreement to acquire freehold and leasehold property interests.

6.11 However where the freehold/leasehold interests are not able to be acquired at this time, we have tried to agree options and conditional contracts for the acquisition of those interests and of the tenants’ interests.

6.12 The PPT is keeping records of vacant commercial property in the vicinity of the Order Land and relaying this information to affected parties. A local commercial property agent is instructed to conduct a regular local property search and provide a schedule of potentially available premises. This information has been made available to those who would have to relocate. These searches will continue to be updated throughout the land assembly period.

6.13 The PPT has actively engaged in negotiations with those affected.

6.14 In line with the communications strategy above, occupiers have been kept informed of progress. All contact has been recorded and stored on a readily accessible data base available to the acquisition team.

6.15 The negotiation process has primarily been conducted by me and Nick Ware of Union Land. Some negotiations have been conducted by Grainger’s Jonathan Kiddle, and previously David Walters, with support and advice from CBRE and Union Land as required. There have been numerous meetings with affected parties and the majority are now represented by professional advisors and negotiations are progressing. Throughout there has been regular contact with affected parties particularly at milestone points within the CPO process to make sure the affected parties were advised of project updates.

6.16 The table below shows the milestone points when contact was attempted to be made with all those with property interests directly affected by the development.

November 2014 Introductory Letter – pre consultation, invitation to engage in negotiation of property interests.

June 2015 Newsletter issued



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December 2015 Newsletter issued

March 2016 Flyer sent with invitation to attend CPO Drop In Event on 17 March 2016

July 2016 Flyer sent with invitation to attend CPO Drop In Event on 26 July 2016

October 2016 Flyer sent with invitation to attend CPO Drop In Event on 15 November 2016

March 2017 Flyer sent with invitation to attend CPO Drop In Event on 23 March 2017

May 2017 Flyer sent with invitation to attend CPO Drop In Event on 25 May 2017

6.17 These event invitations have all included the offer of individual appointments so that private one to one discussions could be arranged in side rooms also available at the event venue.

6.18 In addition to the above contact, the dedicated website which provides detail on the proposed scheme with frequently asked questions and updates upon the status of the Compulsory Purchase Process is being maintained. The link is provided within the development update newsletter periodically provided to those that I had made contact with. Those that use the website are invited to register on the site in order to receive updates on the scheme as it progresses.

6.19 During the negotiations, I have been clear to all owners and occupiers that Grainger has undertaken to meet the reasonable professional fees and costs incurred by those with whom it is negotiating to acquire by agreement.

6.20 In discussions with affected parties I have explained the willingness of Grainger and the Council to enter into an agreement to acquire their property interest in advance of any confirmation of CPO. The compulsory purchase process and compensation provisions of the compulsory purchase code has been explained and discussed along with the main heads that a claim might comprise in each instance. Examples of such correspondence are provided in Appendix C.

6.21 Those requiring relocation have been offered help in finding alternative premises. The PPT has confirmed that it is willing to consider any suggestion of relocation to help the impacted occupiers. A local commercial property agent is instructed to conduct a regular property search including canvassing for properties that may not presently be on the market by way of letter to retail premises within a three kilometre radius of Seven Sisters. This is identifying opportunities which are being pursued by affected parties.

6.22 I outline below the efforts that have been made to acquire the interests in the site by agreement, as well as commenting on the current status of discussions.

Plot 1

6.23 This plot is owned by Grainger and the property which stood on it has been demolished. The site is boarded up.



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Plot 2

6.24 Grainger has acquired the freehold interest of this plot subject to an occupational lease. The occupier trades as Seven Foods Ltd and above the shop there are three residential flats.

6.25 Progress with the leaseholder has been limited because of a seeming reluctance to engage or respond to our communications. An agent has recently been appointed by the leaseholder with whom we are now in dialogue. A schedule of our communications with the business owner is included in Appendix D.

6.26 The leaseholder has expressed interest in taking one of the units in the new development which is set aside for local independent traders.

6.27 Above the shop the residential accommodation is let on three separate assured shorthold tenancies. These tenancies are let on 6 month fixed terms such that Grainger can secure vacant possession ahead of the property being required for development. These tenancies do not therefore represent an impediment to the scheme.

Plot 3

6.28 This plot is owned by Grainger and subject to a short contracted out lease to Mr & Mrs Nanjuwany, who occupy the business premises and have sublet the upper parts to residential occupiers. This subletting is contrary to the terms of the lease and the landlord has consequently served notice to bring the lease to an end which will deliver vacant possession before the end of 2017. Mr and Mrs Nanjuwany are in dialogue with the PPT and work is continuing to identify premises locally into which the business can be relocated. The action that has been taken by Grainger is not in dispute.

Plot 4

6.29 This plot is owned by the Council and is unoccupied.

Plot 5

6.30 Grainger has acquired the freehold interest of the bistro at 711 and 711A Seven Sisters Road. Negotiations to acquire the lease and relocate the bistro business are ongoing and a schedule of our communications with the owners is provided in Appendix D.

6.31 Above the business premises the residential accommodation is let by the owner of the bistro on two separate six month fixed term assured shorthold tenancies. Grainger can allow these tenancies to expire by effluxion of time to secure vacant possession ahead of the property being required for development. These tenancies do not, therefore, represent an impediment to the scheme.

Plot 6

6.32 709 Seven Sisters Road is owned by Grainger and the business occupier on the ground floor has a short lease which will be managed to end in time for the redevelopment to commence.



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6.33 The upper floors are subject to two long term residential leases. Grainger has acquired the leasehold interest at 709B Seven Sisters Road.

6.34 Discussions with the leaseholder of 709A Seven Sisters Road have so far been unsuccessful but offers have been made, the dialogue remains open and we are increasingly confident of an agreement emerging before it would become necessary to use compulsory powers. A schedule of our communication with the owner is provided in Appendix D.

Plot 7

6.35 This area of land is part of the LUL ownership. Solicitors are now instructed to complete an agreement to give Grainger the rights to carry out the development over the existing underground station. There are no known third party occupiers of the property.

Plot 8

6.36 This property is owned by Grainger and is not occupied.

Plot 9

6.37 No.8 Suffield Road has been converted into 6 flats and is being used as an HMO without the necessary consents in place. The process of determining the cost and extent of works required to achieve the necessary consents is ongoing. Meanwhile negotiations with the agent appointed by the owner are continuing and an offer has been made which reflects the current status. It is mutually agreed that the ability to conclude negotiations is likely to depend on the outcome of the currently ongoing enquiries.

6.38 The landlord, mortgagee and two of the occupiers of the flats have been served notice by the Council on grounds of being unfit for habitation. The occupiers of other flats are also likely to have to vacate to enable the building works to be completed. Any new fixed term assured shorthold tenancies can be expired by effluxion of time to secure vacant possession ahead of the property being required for development and they would not therefore be an impediment to the scheme.

6.39 A schedule of our communication with the owner and his agent is provided in Appendix D.

Plot 10

6.40 This property is owned and managed by Grainger. The terms of the residential tenancy will entitle the occupiers to remain until expiry of the lease but the agreement can be brought to an end without impediment to the scheme.

Plot 11

6.41 This property is owned and managed by the Council. The Council has been managing the relocation of the occupiers which I understand has now been completed so that the property can be secured with vacant possession ahead of the development being carried out.



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Plot 12

6.42 It has proved difficult to engage in any meaningful dialogue with the owner of No. 14 Suffield Road. Despite several offers having been made over a period of years, the latest of which being on the 2nd May 2017, Grainger is no nearer to concluding terms to acquire this property. The owner does not generally respond to our communications. A schedule of our attempts to communicate with the owner is included in Appendix D.

6.43 It had been understood from land referencing enquiries that this property is occupied by members of the owner’s family. However, following an inspection by the Environmental Health Housing Officer, the Council has recently asked the owner to make an HMO licence application.

Plot 13

6.44 Despite extensive dialogue and negotiations with the owner of 16 Suffield Road, Grainger is yet to reach agreement on the market value to be paid for the property. Over a period of years we have made several offers, have inspected the property and attempted to understand why it has not been possible to reach agreement on market value. A schedule of our attempts to communicate and negotiate with the owner is included in Appendix D.

6.45 The property is occupied by a number of residents who have a room each and share the common facilities. The agreements are assured shorthold tenancies which will entitle the occupiers to the remainder of their term before the agreements can be brought to an end without impediment to the scheme.

6.46 Following an inspection by the Environmental Health Housing Officer the council has recently asked the owner to make an HMO licence application.

Plot 14

6.47 This property is owned by the Council and leased to Grainger subject to two assured shorthold tenancies to the present occupiers. Vacant possession can be secured by allowing the tenancies to expire ahead of the property being required for development. The occupation of the property will not therefore be an impediment to the scheme.

Plot 15

6.48 This property is owned and managed by the Council. The Council has been managing the relocation of the occupiers which I understand has now been completed.

Plot 16


Plot 17




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Plot 18

6.51 This property is owned and managed by Grainger and subject to an assured shorthold tenancy to the present occupier. Vacant possession can be secured by allowing the term to expire ahead of the property being required for development. The occupation of the property will not therefore be an impediment to the scheme.

Plot 19

6.52 This property is owned and managed by Grainger and subject to an assured shorthold tenancy to the present occupier. Vacant possession can be secured by allowing the term to expire ahead of the property being required for development. The occupation of the property will not therefore be an impediment to the scheme.

Plot 20

6.53 This property is owned by Grainger and is currently unoccupied.

Plot 21

6.54 This plot is the existing roadway which runs through the site and provides access to the rear of the properties on High Road. The freehold is vested in Grainger and subject to a lease in favour of the market operator. Insofar as negotiations with the market operator is concerned I have no direct involvement and this will be dealt with in evidence submitted by others.

Plot 22

6.55 Negotiations are at an advanced stage to acquire the freehold interest at 9 – 11 West Green Road comprising retail premises on the ground floor occupied by Tropico Foods with residential accommodation above. Heads of terms are agreed and solicitors are instructed.

6.56 The owner of Tropico Foods has indicated his desire to close the business and on account of his age the PPT has agreed to treat this as an extinguishment claim. An offer has been made and I am optimistic of an agreement which will include a period of time for close down and provision for vacant possession of the upper floors. The price to be paid to the owner is not a matter for the Inquiry.

6.57 There are two residential assured shorthold tenancies for the upper floors and, failing agreement with Tropico Foods, these occupiers will be entitled to the remainder of their fixed term tenancy ahead of the property being required for development. The occupation of the property will not therefore be an impediment to the scheme.

6.58 Following an inspection by the Environmental Health Housing Officer the owner has made an HMO application and the Council is processing a licence.

6.59 A schedule of our communication with the owners and the business occupiers has been included in Appendix D.

Plot 23

6.60 Negotiations are at an advanced stage to acquire the freehold interest at 3 – 7 (odds) West Green Road comprising basement and ground floor occupied by



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Sainsbury's Supermarkets Limited with residential accommodation above. Discussions are focused upon matters of value and I remain optimistic of an acquisition of the freehold by agreement that will deliver the property subject to the Sainsbury lease and the upper floors with vacant possession. The price to be paid to the owner is not a matter for the Inquiry.

6.61 Heads of terms have been agreed and solicitors instructed with the ground floor occupiers, Sainsbury’s, who are fully expected to return to occupy a unit in the new development once completed.

6.62 The residential accommodation is let to a third party, Viva London 7 Ltd, who sublet 8 rooms on individual agreements. The freeholder can give notice to Viva London 7 Ltd to vacate all rooms ahead of the property being required for development and they will not therefore be an impediment to the scheme.

6.63 A schedule of our communication with the owners and the business occupiers has been included in Appendix D.

Plot 24

6.64 This property is owned by Grainger. It is occupied by a newsagent business and the business owners who live above the shop. The occupiers are presently holding-over following the expiry of their lease. Vacant possession can be secured by notice to vacate ahead of the property being required for development. The occupation of the property will not therefore be an impediment to the scheme.

6.65 There is a long history of discussions and dialogue with the occupiers which is reflective of the efforts Grainger has made to address their particular circumstances and solicitors are now instructed to complete an agreement on delivery of vacant possession. A schedule of our communication has been included in Appendix D.

Plot 25

6.66 I am in negotiations in respect of the freehold interest of retail premises at 1A & 1B West Green Road; the freehold is held by the owner of the business, Tottenham Wines, which is in occupation of the whole premises.

6.67 The owner has been professionally represented for a period of years and over that time we have made several offers which have not been accepted. Dialogue has focused on the opportunity that the property presents for redevelopment to include residential upper parts as the impact that such conversion (if permitted) would have on the existing business. A planning application for conversion of the upper floors into two flats has now been submitted to the Council.

6.68 The owner did express some interest in taking a retail unit in the completed development but wanted a freehold interest in that unit which is unacceptable to Grainger and has not been concluded. The suggestion that the compensation should reflect the extinguishment value of the business and the redevelopment value of the property has been put forward by the owner but is not acceptable because such an assessment would be inconsistent with a compensation code assessment. The inability to conclude negotiations to date is in part due to this inconsistency and the disagreement over the appropriate level of compensation, which is not a matter for this Inquiry in any event. Negotiations with the objector’s advisor continue.



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6.69 A schedule of our communication has been included in Appendix D together with copies of all correspondence in Appendix E.

Plot 26

6.70 The freehold interest in this property is owned by Grainger which comprises a retail unit on the ground floor with six flats above. The six flats are vacant and were purchased vacant in 2016.

6.71 The retail unit is subject to a long lease to an investment owner who has sublet the unit to a hair & beauty retailer. Despite ongoing engagement with the long leaseholder and several offers over a period of years Grainger is yet to secure an agreement to acquire the long leasehold interest. The discussions are over price and I remain optimistic of a positive outcome. The price to be paid is not a matter for the Inquiry. A schedule of our communication has been included in Appendix D.

6.72 It has been more difficult to identify and establish a dialogue with the business occupier and it was only in March 2017 when we eventually received responses to our communications. As a result, discussions about the relocation needs are at an early stage and we are encouraging the owners to get independent professional advice. They are now engaged in dialogue and on 15 May 2017 we met them to take forward negotiations and this has resulted in a formal offer being made.

6.73 The business occupier has expressed an interest in taking one of the units in the new development set aside for local independent traders.

6.74 A schedule of our communication has been included in Appendix D.

Plot 27

6.75 This property at 251 – 253 High Road has already been acquired by Grainger. There are no occupiers and the building was recently demolished.

Plot 28

6.76 This property is in the freehold ownership of LUL with whom heads of terms are agreed and with solicitors for transfer of rights to enable the development to proceed over the existing underground station.

6.77 Part of the building – unit 245-249 – is occupied pursuant to a contracted out business lease due to expire in August 2017. This end date means the occupation will not be an impediment to the development. Despite this we are in communication with LUL to establish the leaseholder’s intentions at the end of his lease so that such support as may be required to help identify new premises into which the business can relocate can be offered.

6.78 The remainder of the building forms the premises occupied by Seven Sisters Market. I am not involved in the matters relating to the market which are addressed by others.


Rights of Light

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7.1 Technical assessments of the proposed development have been conducted by rights of light specialists, Gordon Ingram Associates (‘GIA’), on behalf of Grainger.

7.2 These assessments were undertaken to establish which adjoining properties would experience rights of light injuries following the implementation of the development. The analysis concluded that a total of twelve freeholders and five leaseholders would be actionably impacted by the proposed development. The extent of these properties was included in the land referencing boundary and those parties with a property interest in these areas have been included in Table 2 of the Book of Reference which supports the draft compulsory purchase order.

7.3 Throughout my involvement in the project I have made sure that the parties with the benefit of these interests have been included as part of our schedule of owners and occupiers with whom negotiations have been conducted. GIA has had day to day responsibility for negotiating with the Right of Light parties, has reported regularly its progress and taken its instructions through the PPT.

7.4 Contact was first made by GIA with these parties in September 2015.

7.5 Initial offers were made based on what I am told is the industry acknowledged book value approach, which includes an appropriate uplift of this amount dependant on the nature of the injury that will or would be experienced. The compensation sums offered are based on 10% of the sum being paid upon completion of the Deeds of Release, with the remaining balance being paid following confirmation of the CPO and when that confirmation is beyond judicial challenge.

7.6 All 16 parties have appointed solicitors and surveyors to act. GIA is continuing in negotiations with these appointed agents in order to obtained Deeds of Release. A summary of the current position is as follows:

Right of Light Cases Status Update

ADDRESS INTEREST COMMENTARY

705-707 Seven Sisters Road Freehold Agreed, with solicitors

35 Suffield Road Freehold Offer made, ongoing

23 Suffield Road Freehold Agreed, with solicitors

19 Suffield Road Freehold Owned by LBH, no claim to be made

19 Suffield Road Leasehold Offer made via LBH, ongoing

11 Suffield Road Freehold Offer made, ongoing

18-20 West Green Road Freehold Agreed, with solicitors

18-20 West Green Road Leasehold Agreed, with solicitors

16 West Green Road Freehold Surveyors are agreed, yet to instruct solicitors

16 West Green Road Leasehold Offer made, ongoing

14 West Green Road Freehold Surveyors are agreed, yet to instruct solicitors

12 West Green Road Freehold Offer made, ongoing

10 West Green Road Freehold Completed

8 West Green Road Freehold Offer made, ongoing

Rights of Light


Rights of Light

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8 West Green Road Leasehold Offer made, ongoing

2, 4, 6, 6a West Green Road Freehold Agreed, with solicitors

6a West Green Road Leasehold Completed

Source: GIA

7.7 I am satisfied that good progress is being made by GIA and that the PPT is making all reasonable efforts to acquire the rights required by agreement. I am confident that these negotiations will continue and that in most cases it will be possible to settle the claims by agreement and in advance of the need to use powers of compulsory purchase. However, the potential impediment to the ability to proceed to complete the development means that it is justified to include these interests in the compulsory purchase order.


Consideration of Objections Received

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8.1 It is recommended within the DCLG Guidance on Compulsory Purchase that acquiring authorities consider offering those with concerns about a compulsory purchase order full access to alternative dispute resolution techniques. In accordance with this recommendation in circumstances where compensation cannot be agreed between the parties, the Council will offer use of alternative dispute resolution as a means of achieving settlement before reference to the Upper Tribunal.

8.2 If alternative dispute resolution is not suitable or agreeable to the parties, then the option is open for either party to refer the matter to the Upper Tribunal (Lands Chamber) for final resolution.

8.3 Below I have included a paragraph on each of the objections in response to the property related points raised in their objection.

PLOT 12 - Samuel Ludmir 24 Overlea Road, London E5 9BG Freehold owner of 8 Suffield Road, London, N15 (Obj 20)

8.4 No satisfactory offer has been made in respect of the purchase of the property, nor has compensation been agreed for the Order;

We have made offers for the property and have been in detailed dialogue with the objectors professional adviser in this matter. There is an issue that needs to be resolved which arises as a result of the fact the objector has converted his property into an HMO without having obtained the necessary consents from the Council as planning and housing authority. This process is ongoing and the professional adviser is aware that unless and until it is legally documented any value attributed to the change in accommodation status cannot be reflected in our valuation and therefore offer of compensation.

PLOT 13 - Awlad Hussain 16 Suffield Road, N15 5JX (Obj 14)

8.5 Bought property as buy to let for future income for himself and family. As a result of CPO, he and his family will suffer hardship on his retirement;

Negotiations to acquire the objector’s property by agreement continue and several offers have been made on a market value basis. In the event the objector’s property is compulsorily acquired, compensation to cover the cost of replacing his investment will be properly recoverable as compensation in accordance with the compensation code.

8.6 Injustice that the Council selected only the even houses on Suffield Road. Only the Market needs demolishing to achieve the regeneration project;

The order lands are carefully defined to include only those areas necessary to complete the development for which planning permission has been granted and the compulsory purchase order has been drafted to enable the development.

8.7 Grainger is paying 2 property agents to buy properties at 25% below market price;

The involvement of Union Land and CBRE demonstrates the level of commitment being given towards acquiring properties by agreement. Mr Hussein’s reference to buying 25% below market price reflects his own view of the value of his property, which we do not share. Mr Hussein represents himself in this matter. Despite this we




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remain willing to engage and are continuing to discuss the matter towards reaching agreement.

8.8 After refurbishment of my property, I obtained three valuations. Union Land and CBRE valued it at £125,000 below market value given by 3 reputable agents at £450,000; objection attaches 3 valuations and that of Grainger;

Offers made for the property are being made on a market value basis and are supported with evidence of completed transactions of similar properties. The figures provided by residential agents to the objector are appraisals for marketing rather than valuations, could be influenced by the property owner and will by inference be optimistic given the competition that exists for instructions to sell property to be secured. In any event this is not a matter to be considered at this Inquiry.

PLOT 22 - Kiranbhai Madhavbhai Patel and Shaktikumar Madhavbhai Patel, 9-11 West Green Road (Obj 2)

8.9 The Council has not sufficiently attempted to negotiate reasonably with their clients in advance of obtaining the CPO;

Discussions have been held with the objector since 2014 with the objective of negotiating an acquisition in advance of the Order. Aside from regular correspondence, meetings have been held with the objector or his appointed advisors to progress negotiations on the 01 January 2015, 22 June 2015, 14 June 2016 and the 23 February 2017.

Heads of terms have now been agreed with this objector and the matter is in solicitors’ hands. The heads of terms include an obligation on the owners to withdraw their objection to the CPO.

PLOT 23 - Sainsbury's Supermarket Limited, 3-7 West Green Road (Obj 5)

8.10 Insufficient evidence of reasonable efforts made by the Council to acquire the company's interest by agreement;

There have been active discussions with the objector and their appointed agents and heads of terms have been agreed for an agreement which will involve the objector taking space in the new development for a food retail outlet.

8.11 Not satisfied that the Council/developer have demonstrated that they have taken reasonable steps to acquire land and rights by agreement;

As stated above, we are close to concluding an agreement with the objector. Heads of Terms are in an agreed form which includes an obligation on the owner to withdraw its objection to the CPO.

8.12 Initial discussions with the company have not progressed so as to give the company certainty over the future of its trading position both during and after the proposed works. The Order should not be confirmed until the future trading position has been guaranteed;

Agreement with the objector includes the option of returning to the completed scheme and the matter of compensating business losses that may be suffered during the intervening period whilst the new development is being constructed.



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PLOT 25 - Airmoss Limited (trading as Tottenham Wine), 1a-1b West Green Road (Obj 7)

8.13 The Council has not taken reasonable steps to negotiate to acquire the freehold of the property by agreement.

In addition to regular correspondence and direct engagement with the objector and his advisors since January 2005, meetings have been held with the objector’s advisor on 23 March 2015, 02 March 2017 and 16 May 2017 with the objective of negotiating an agreed acquisition of the objector’s property. The objector has been invited to CPO drop-in events in parallel to ongoing direct correspondence and face to face negotiations on the basis that property owners may wish to understand the background, design and timescales of the proposed scheme. Appendix E includes a copy of all correspondence between the PPT and the objector and demonstrates significant steps have been and continue to be taken by Grainger and the Council in this matter.

8.14 Compensation offered by Grainger is significantly short of enabling the objector to acquire a replacement property and relocate. The offers, therefore, are not in accordance with the principle of equivalence;

Three offers have been made for the acquisition of the property on a Market Value basis. The principle of equivalence applies in so far as money can provide, not an equivalent reinstatement of the property interest being taken. In any event, this is not a matter to be considered at this Inquiry.

8.15 It is unreasonable to not offer funds sufficient to enable relocation;

We are in negotiations with the objector about the need for consistency throughout the claim for compensation. These negotiations are ongoing and we remain hopeful that we can reach an agreement that will achieve the objector’s desire to relocate his business. In any event, this is not a matter to be considered at this Inquiry.

8.16 It is not for Grainger to satisfy the Circular, it is for the Council, which has made no attempt to acquire or engage with the objector;

CBRE is the appointed property advisor to Grainger with a clear and defined duty of care to the Council which is set out in our Letter of Appointment. All engagements, discussions and offers made to the objector have been in the knowledge and support of the Council. On account of the selected procurement of professional advisers for the project there is no reason for the objector to seek to distinguish between the efforts of the council and Grainger and we have made this clear throughout.

8.17 The test that the Order is only made as a last resort is not met;

Discussions with the objector started in 2005 and have been ongoing through his professional advisor since 2015. Several offers have been made to acquire the objector’s property and we continue to be willing to negotiate. Discussions to bring about an agreed acquisition continue pending resolution of these discussions. It remains that, as a last resort, the Order is required so as to enable the Development to be delivered in a reasonable timescale.



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8.18 If confirmed, the objector requests that they are treated on an equal basis to the market traders by being able to return to the completed development with a freehold retail unit of equivalent size;

As committed within the s106 agreement with the Council, the market traders will be offered the opportunity to return to the completed development. The objector has sought the same opportunity and has been provided with details of a number of retail units within the completed development that will be made available to local independent traders. The terms on which these units are available will be subject to negotiation and will reflect s106 commitments and otherwise established shopping centre management good practice. The owner’s expectation of securing a unit of equivalent size in the new development without recognition of the difference in value between what he has now and what he would end up with is unrealistic. To the extent that this relates to the amount of compensation sought by the objector, it is not a matter for this Inquiry.

PLOT 26 - Sher Afgan, 255-259 High Road, N15 5BT (Obj 16)

8.19 No one has offered me relocation or compensation;

Until recently, attempts to engage with the objector via post, email and telephone had not been met with a response. Notwithstanding this, an offer was made on the 31 January 2017 with an explanation of how the compensation and relocation provisions of compulsory purchase would operate. A follow up email was sent on the 3 March 2017 suggesting the objector contact the RICS helpline in order to seek some professional advice. The objector attended the drop in event on 23 March 2017 and confirmed having received all of our correspondence and understood we had made attempts over a period of time to engage.

A meeting with the objector took place on 15 May 2017. We have now exchanged information and are working towards an agreement so that the business can relocate and in the meantime continue to trade from the property until possession is required for redevelopment. This correspondence has included a formal offer which is believed to be under consideration.


Summary and Conclusions

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9.1 I was first instructed by Grainger in September 2012 to provide strategic advice on the use of compulsory purchase and cost estimates for property acquisitions and compensation payments. By June 2014 we had instructions to pursue negotiations with the parties who had been identified as having property interests included in the area identified in the draft Compulsory Purchase Order.

9.2 The Order Land is prominently located on the western side of Tottenham High Road and comprises 227-259 High Road, 709-723 Seven Sisters Road, 1a-11 West Green Road and 8-30 Suffield Road. In summary, the Order Land comprises 28 plots of land.

9.3 Throughout working on this scheme, I have very much had in mind the DCLG Guidance on Compulsory Purchase and I can confirm that substantial efforts to negotiate with affected parties have been made.

9.4 The activities in connection with landowner and occupier negotiations conducted primarily by CBRE and Union Land are monitored and reviewed at the PPT meetings which have been convened monthly over the last two and a half years. The meeting includes representatives from Grainger and the Council. Other members of the team promoting the development attend if and when required.

9.5 A monitoring system is in place which includes a schedule of the interests, a status of the negotiations and agreed immediate next actions. This is held on a centralised computer based record system called SharePoint. The record system contains copies of all correspondence, notes of meetings, notes of telephone conversations and e-mails.

9.6 The PPT is keeping a live record of vacant commercial property in the vicinity of the site and this information is being made available to those looking to relocate. These records will continue to be updated throughout the land assembly period. An example of the schedule being produced is included in Appendix A of my evidence.

9.7 By June 2014 the PPT had been formed and one of its first initiatives was an attempt to contact by letter every party whose property or rights in property were still required. This letter was sent during November and December 2014. Details of the scheme were provided and an invitation to meet extended. The objective was to meet and explain the up to date position on the scheme development prior to the commencement of a wider public consultation on the project proposals. An example of the letter sent is included in Appendix B.

9.8 With those parties that engaged, the initial meeting provided information on the current status of the scheme; the current timetable; and the potential impact of the scheme on their property. It was also an opportunity for those impacted to discuss their concerns and enter into negotiations with Grainger.

9.9 A continuous dialogue has been maintained where practicable with those parties that have continued to engage. With those that have not, we have continued to send by mail updated correspondence, development newsletters and have published the latest scheme information on the Seven Sisters Regeneration and council websites.

9.10 The negotiation process has primarily been conducted by me and Nick Ware of Union Land. Some negotiations have been conducted by Grainger’s Jonathan Kiddle, and previously David Walters, with support and advice from CBRE and




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Union Land as required. There have been numerous meetings with affected parties and the majority are now represented by professional advisors and negotiations are progressing. Throughout there has been regular contact with affected parties particularly at milestone points within the CPO process to make sure the affected parties were advised of project updates.

9.11 The development provides that retail units will be made available for local independent traders and in our negotiations with occupiers the opportunity to return to the scheme has been offered. There has been interest in this option and discussions continue with some of the occupiers on this basis.

9.12 Despite the ongoing procedure I am continuing to progress with negotiations with all parties in order to come to an agreement prior to the conclusion of the CPO.

9.13 In section 6 of my report I outline plot by plot the efforts that have been made to acquire the interests in property for the scheme by agreement, as well as commenting on the current status of discussions.

9.14 Technical assessments of the proposed development have been conducted by GIA on behalf of Grainger. These assessments were undertaken to establish which adjoining properties would experience rights of light injuries following the implementation of the development. The analysis concluded that a total of 12 freeholders and four leaseholders would be actionably impacted by the proposed development. Section 7 of my evidence includes a summary of the stage reached in negotiations with each of the affected parties. I am satisfied that good progress is being made by GIA and that the PPT is making all reasonable efforts to acquire the rights required by agreement.

9.15 In section 8 of my evidence I have included a paragraph on each of the statutory objections in response to the property related points raised in their objections. Six objectors are included, namely:

PLOT NO. NAME OF LANDOWNER OBJECTION NO.

12 S Ludmir 20

13 A Hussein 14

22 KM and SM Patel 2

23 Sainsburys Supermarkets Ltd 5

25 Airmoss Ltd 7

26 Sher Afgan 16

9.16 My evidence demonstrates that the PPT has been in meaningful negotiations with the majority of affected parties, and for those that have not, numerous attempts to contact have been made. No matter for how long I continue to negotiate or attempt to negotiate there is no certainty that the property interests required for this scheme will be assembled without the use of compulsory purchase. I have demonstrated that the efforts undertaken by CBRE, Union Land, GIA and Grainger to acquire properties and interests by agreement have been strenuous and in accordance with the DCLG Guidance on Compulsory Purchase.


Declaration

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STATEMENT OF TRUTH

‘I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true.

The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.’

DECLARATION

1. ‘I confirm that my report has drawn attention to all material facts which are relevant and have affected my professional opinion.

2. I confirm that I understand and have complied with my duty to the Public Inquiry as an expert witness which overrides any duty to those instructing or paying me, that I have given my evidence impartially and objectively, and that I will continue to comply with that duty as required.

3. I confirm that I am not instructed under any conditional or other success-based fee arrangement.

4. I confirm that I have no conflicts of interest.

5. I confirm that I am aware of and have complied with the requirements of the rules, protocols and directions of the Public Inquiry.

6. I confirm that my report complies with the requirements of RICS – Royal Institution of Chartered Surveyors, as set down in the RICS practice statement Surveyors acting as expert witnesses’.

Signed Date ……19 June 2017

Stephen Walker MRICS

Declaration


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Documents

PROOF OF EVIDENCE IN RELATION TO …bailey.persona-pi.com/Public-Inquiries/seven-sisters/...3.1 The Order Land is prominently located on the western side of Tottenham High Road and