CPOs & Whitefields Estate
London Borough of Barnet
25 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 purchase
Section 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 improvement
LBB 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-being
The regeneration aims to significantly benefit and improve
the well-being of the area
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
Title here
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
 We
offers are made depends on your circumstances
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 & CPO2
Land 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
The process is set out in:
Before LBB can purchase the land,
the CPOs must be confirmed by
the Secretary of State
There is a strict legal process that
LBB must follow before the CPOs
can be confirmed
• Acquisition of Land Act 1981
• DCLG Circular 06/2004:
Compulsory Purchase and the
Crichel Down Rules (October
2004)
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
Making the Order
Notification and
Publicity
Decision
Possession
Resolution
Referencing –
Recording Information
Objections
The Inquiry or Written
Representations Procedure
Compensation
Next steps
1.
2.
3.
“Land Referencing”: LBB has already
commenced the process of identifying legal
interests / rights to occupy properties
Making the Order: LBB prepares, signs and
seals CPOs. 3 March 2015
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 - Overview
4.
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
Decision: Secretary of State makes final
Decision on CPOs
6.
It is anticipated
this final stage will
take place in mid2016
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 Tenants
Compensation – 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 Tenants
Compensation – 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 reprovided within Borough”
•
If take possession proceedings based
on the CPOs (Ground 10A) then
LBB has to provide suitable
alternative accommodation
Secure Tenants
Obtaining 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 Tenants
Obtaining possession: Ground 10A Process
LBB will:
1.
2.
3.
4.
5.
6.
7.
Send you an informal letter notifying you of its intention to apply for
possession under Ground 10A and inviting representations
Undertake a consultation process lasting 28 days
Respond to comments received from secure tenants
Prepare internal reports and recommendations following consultation
Prepare and submit Ground 10A application to Secretary of State for
approval of the scheme
Serve you with a formal Ground 10A notice (NSP)
LBB may then, if necessary seek a possession order from the Court based
upon the scheme approved by the SoS
Secure Tenants
Consultation
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 Tenants
Once 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 Tenants
Alternative accommodation
LBB will offer all secure tenants suitable alternative
accommodation
•
Relocation is anticipated in 2018
•
Legal criteria if Ground 10A relied on
Secure Tenants
Alternative accommodation – Legal Criteria
1.
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 Tenants
Right 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 Tenants
RTB – Demolition Notices
Two 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 Tenants
RTB – 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 Tenants
RTB – 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
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
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 LLP
134 Edmund Street
Birmingham B3 2ES
MDX 13055 Birmingham 1
Tel: 0121 200 3242
www.anthonycollins.com