CPOs & Whitefields EstateLondon Borough of Barnet25 April 2015

Anthony Collins Solicitors We have been appointed to provide this

presentation to you as independent advisers We are here to answer your general questions We are not able to advise you individually We are joined by Stephanie Hall, barrister from

Francis Taylor Buildings Helen Tucker Jonathan Cox Stephanie Hall

Introduction and background

The London Borough of Barnet (“LBB”) has approved two Compulsory Purchase Orders (“CPOs”) in order to enable significant regeneration of Brent Cross Cricklewood

This presentation will explain:

What the CPOs are What the CPO process is How the CPO will affect you LBB’s responsibilities to you Financial compensation you are entitled to What is being offered to you now

LBB’s powers of compulsory purchaseSection 226(1)(a) Town and Country Planning Act 1990 gives LBB with a power to purchase land in its area to carry out: Development Redevelopment, or Improvement to the land

…as long as it is likely to promote or improve the area’s economic, social or environmental well-being

Development, redevelopment and improvementLBB proposes a comprehensive regeneration of Brent Cross Cricklewood that will:

Develop new retail, residential and community facilities

Improve highways infrastructure and car parking Improve public spaces and the general

environment

Improvement to area’s well-beingThe regeneration aims to significantly benefit and improve the well-being of the area

Title here

Uniting communities north and south of the North Circular:• Strong and attractive links achieved by major improvements

to existing roads, public transport and infrastructure• Development of gateway site between north and south

consisting of new town centre and residential quarter

Meeting the area’s housing needs:• Development of 7,540 new homes over 20 years including

affordable homes and replacement homes for Whitefields Estate

Improving everyday life for the community:• Provision of new and improved education and health

facilities• Improvements to open space and community recreational

facilities

Voluntary Arrangements – reaching agreement early

LBB are encouraged by Government Guidance to enter into voluntary arrangements early on to compensate you and reach agreement

What offers are made depends on your circumstances

We outline what is on offer later in this presentation

Current Position

On 3 March 2015, LBB’s planning committee approved the making of 2 CPOs:

The London Borough of Barnet (Brent Cross Cricklewood) Compulsory Purchase Order (No.1) 2015 (“CPO1”)

The London Borough of Barnet (Brent Cross Cricklewood) Compulsory Purchase Order (No.2) 2015 (“CPO2”)

Both were submitted to Full Council and approved (by one vote) on 3 March 2015.

Land affected by CPO1 & CPO2Land under CPO1 & CPO2 forms only part of the land being regenerated under the full Brent Cross Cricklewood regeneration project

Whitefields Estate

The Whitefields Estate is situated in a key area that is to be redeveloped in order to form the “living bridge” between communities to the north and south of the North Circular

This will require complete redevelopment of the Whitefields Estate, requiring all residents to vacate their properties, which is why LBB considers it necessary to use its CPO powers

Properties in Whitefields Estate are included in both CPO1 and CPO2

The CPO process

Before LBB can purchase the land, the CPOs must be confirmed by the Secretary of State

The process is set out in:

• Acquisition of Land Act 1981

• DCLG Circular 06/2004: Compulsory Purchase and the Crichel Down Rules (October 2004)

There is a strict legal process that LBB must follow before the CPOs can be confirmed

As part of this process:

• You should already have been served with a “section 16 notice” asking you to provide property owner/occupier details for the purpose of the CPO

Outline of CPO Procedure

Formulation Resolution

Making the Order

Referencing – Recording

Information

Notification and Publicity

Objections

Decision

The Inquiry or Written Representations

Procedure

PossessionCompensation

Next steps1. “Land Referencing”: LBB has

already commenced the process of identifying legal interests / rights to occupy properties

2. Making the Order: LBB prepares, signs and seals CPOs. 3 March 2015

3. Notification and publicity: LBB serves notices directly to those affected by the CPOs; erects site notices and publishes notices in the press. Notices include details of the objection process. PLANNED FOR 30 APRIL 2015

LBB must include within each CPO names and addresses of those under it

Next steps - Overview4. Objection period: A 21-day period but LBB agreeing 28 days allowing anyone who wants to object to do so to the Secretary of State. Deadline is 30 May 2015

5. Inquiry: If relevant objections are made, an Inspector will consider objections at an inquiry, following which the Inspector will report recommendations to the Secretary of State

6. Decision: Secretary of State makes final Decision on CPOs

It is anticipated this final stage will take place in mid-2016

Objections Process Objections must be in writing. Details of who to

send the objection to and the time limit (30 May 2015) will be in the 30 April 2015 notice

No format for the objection; you or a professional adviser can write a letter

If: • no objections are made; and• the Secretary of State (“SoS”) is satisfied LLB has

followed the proper procedures

the SoS will consider the case on its merits and can confirm, modify or reject the CPO without any hearing

Time limits MUST be followed

When Objections are Made

When relevant objections are made (and not withdrawn) there will be a public inquiry

Any tenant, leaseholder or owner affected who has a remaining objection at the time of the inquiry has a right to be heard at that inquiry

The SoS will arrange the inquiry and it will be held locally

Validity of Objections

Most objections will be valid – i.e. will be considered by the SoS unless

• They only concern the amount of compensation or area of purchase

• The objections are really about LLB’s adopted development plan defining the use of the land

Grounds of Objections

You might: - Agree with the scheme but disagree with the

details of the implementation and want it to exclude the Estate, for example; or

Object to the scheme completely

Depending on your objection LLB might be prepared to negotiate or give an undertaking

The Inquiry

The SoS will write to LBB and all remaining objectors indicating an inquiry is to be held (the date of this notice is the “relevant date”)

After the relevant date there may be a pre-inquiry meeting to discuss the inquiry arrangements

LLB will then serve a Statement of Case on the SoS and each objector which will set out the full details and justify the reasons for the CPO

Remaining Objectors may be asked to provide a Statement of Case if complex or substantial objection

This is where you might want to take specialist advice

Final Steps to the Decision

Inquiry Procedure Site Visit Inspector’s Report Recommendation to SoS Decision made by SoS

Challenging the Decision of the SoS Challenge must be within 6 weeks of the

confirmation of the CPO• Basis of challenge could be:

• No power to authorise the Order in the circumstances

• Procedure rules have not been followed correctly and the applicant has been prejudiced by this

Secure TenantsCompensation – home loss payment

You will be entitled to a home loss payment (£4,900 at present) to compensate you for being compelled to move out of your home if:1. You must move out of your home because of the

CPO

2. You have occupied the property as your main home for a year or more

LLB has agreed if you move out early with their agreement they will still make the payment

Secure Tenants – One Year occupation

• One year ending with date of “displacement”

• Only if living there as only or main home

• If not the tenant but have “Home rights” due to marriage/civil partnership and Tenant left – still eligible

Secure tenants - amount

• £4,900 now

• Rent arrears and other tenancy related debts owed to LBB can be deducted from it before payment

• Paid on date you move or within 3 months

• Must make a written claim

• Joint tenants – split between you equally

Secure TenantsCompensation – disturbance payments For those who are lawfully living in a house but

don’t have a tenancy. You will be entitled to all actual reasonable removal costs but must keep all receipts.Examples of costs: Removal van Cost re-connection of domestic appliances and

fittings New curtains and carpets that won’t fit new home

Re-housing

• LBB has a statutory duty to rehouse all secure tenants displaced as result of the CPOs

• Plans to rehouse “housing re-provided within Borough”

• If take possession proceedings based on the CPOs (Ground 10A) then LBB has to provide suitable alternative accommodation

Secure TenantsObtaining possession: Ground 10A

Where no agreement reached for tenants to move voluntarily:

LBB will need to obtain vacant possession of properties occupied by its secure tenants in order to proceed

LBB can make an application to the Secretary of State to approve the scheme for the purposes of Ground 10A under the Housing Act 1985

If approved, LBB can seek a possession order from the County Court on Ground 10A

Secure TenantsObtaining possession: Ground 10A ProcessLBB will:1. Send you an informal letter notifying you of its intention to

apply for possession under Ground 10A and inviting representations

2. Undertake a consultation process lasting 28 days

3. Respond to comments received from secure tenants

4. Prepare internal reports and recommendations following consultation

5. Prepare and submit Ground 10A application to Secretary of State for approval of the scheme

6. Serve you with a formal Ground 10A notice (NSP)

7. LBB may then, if necessary seek a possession order from the Court based upon the scheme approved by the SoS

Secure TenantsConsultation

LBB’s consultation process on Ground 10A

possession will include a series of surgeries

during which LBB officers will be available

• to explain the process,

• answer your queries and

• take note of your concerns

Secure TenantsOnce SoS approves, Possession on Ground 10A

• County Court possession orders may be sought if

agreement cannot be reached with tenants to

vacate their properties

• Notices of Seeking Possession (the legal notice that

must be served before a possession order can be

made) can be served before SoS approval given

• Suitable alternative accommodation must be

available. LBB does not need to prove ordering

possession is also reasonable.

Secure TenantsAlternative accommodation

LBB will offer all secure tenants suitable

alternative accommodation

• Relocation is anticipated in 2018

• Legal criteria if Ground 10A relied on

Secure TenantsAlternative accommodation – Legal Criteria1. What the Council would usually let to

applicants

2. Distance to place of work/education

3. Distance from family if proximity essential to

well-being

4. Needs (as regards accommodation) and means

of tenant

5. Terms of accommodation and terms of

(existing) secure tenancy

6. Furniture (if provided under existing secure

tenancy)

Secure tenants - moving and the RTB

• If you choose to move between now and 2018 to another LBB tenancy – take your RTB with you

• If you are rehoused into a housing association owned property, as law stands at moment you won’t then have a RTB.

• Depends on offer the HA chosen makes and possibly on General Election!

Secure tenants - what we know about moving

• Phase 1 will be houses, flats over the shops and Rawlinson, Dyson and Anderson Blocks

• Brent Terrace accommodation to be offered

Secure TenantsRight to buy – Demolition Notices Purpose

To prevent tenants exercising the RTB when demolition planned

Introduced in 2004 ish so tenants cannot delay or financially benefit from planned regeneration

Must be served on all tenants (post/by hand) and ‘occupiers’ and advertised

Secure TenantsRTB – Demolition NoticesTwo Types: Initial Demolition Notice (IDN) Final Demolition Notice (FDN)Both must set out LBB’s intention to demolish; reasons and timescales. Don’t have to use IDN if ready to serve FDN IDN must include reasonable period to demolish

(notice valid for a maximum 7 years) LBB’s obligation to complete a RTB purchase is

suspended when IDN served

Secure TenantsRTB – Interim DN Usual Statutory procedure to follow – valuation Tenant can still claim RTB but final stage of

transfer is suspended If LBB serve Final DN during 7 years of Interim DN

then RTB claim becomes ineffective and no new applications can be made.

Tenant then may claim compensation for expenses incurred as part of the RTB process but only for actual costs (solicitor fees etc.)

Secure TenantsRTB – Final Demolition Notice Once served – RTB does not arise No new RTB applications may be made after the

service of a FDN Any RTB claim pending ceases to be effective Must be served on residents and advertised locally Lasts for 2 years max

Demolition Notices - Publicity

Must be advertised in:• Local newspapers and• Landlord’s newspaper (if have one) and• Landlord’s website

Must identify all premises to be demolished Give reasons for demolition Timescales When notices will expire

Questions??

Will be collated and turned into a FAQ sheet

If you have any queries or comments in regards to this document please contact Jonathan Cox of Anthony Collins Solicitors LLP on 0121 212 7402 or jonathan.cox@anthonycollins.com

Anthony Collins Solicitors LLP134 Edmund StreetBirmingham B3 2ES

MDX 13055 Birmingham 1Tel: 0121 200 3242

www.anthonycollins.com

Disclaimer: Whilst every effort has been made to ensure the accuracy of these materials, advice should be taken before action is implemented or refrained from in specific cases.  No responsibility can be accepted for action taken or refrained from solely by reference to the contents of these materials. © Anthony Collins Solicitors LLP 2014