Decisions for issue FULBOURN: Windmill Estate Compulsory Purchase Order

Council AGREED to approve the making of the Compulsory Purchase Orders in respect of the site at 26 Grandridge Close, Fulbourn and in respect of the site at 12 Farmers Row, Fulbourn pursuant to the provisions of Section 17 of the Housing Act 1985 and the Acquisition of Land Act 1981 to enable the provision of housing accommodation by the Council’s partner housing association Accent Nene in respect of the Windmill Estate redevelopment project.

On the proposition of Councillor Mark Howell, Housing Portfolio Holder, seconded by Councillor Liz Heazell, Council AGREED to defer item 10, Fulbourn: Compulsory Purchase Order, Windmill Estate Redevelopment to a later meeting to enable negotiations to continue.

Council RESOLVED that Compulsory Purchase powers may be used if there were no other alternative way of ensuring the completion of the Windmill Estate project in Fulbourn.

The Housing Portfolio Holder AGREED to pay £8645 commuted sum payment towards affordable housing provision on site at the Windmill Estate, Fulbourn.

The Housing and Environmental Services Portfolio Holder AGREED to pay £47,000 commuted sum payment to maintain the financial viability for the entire project.

Council RESOLVED that:

(a) formal approval be given for a redevelopment scheme for the Windmill Estate, subject to necessary planning consents and Secretary of State approval;

(b) the existing Council-owned properties and land be transferred to Nene Housing Association at nil cost;

(c) the scope of any redevelopment scheme should, as far as possible, include all the existing area of the estate subject to existing tenants and owner-occupiers being willing and / or able to participate. Where necessary, plans should be amended over time to cater for changing needs and to provide flexibility to accommodate as far as possible the wishes of all the existing residents;

(d) the preferred tenure mix and house types be as outlined in Option A which will provide 65% as affordable housing (comprising 124 rented and 52 shared ownership units) together with 35% as open market sales within an overall target of 270 homes;

(e) the following conditions be attached to the approval of a redevelopment scheme:

(i) that Nene Housing Association meet all legal costs and home loss / disturbance payments incurred by the Council in respect of the Windmill Estate since 2004/05 to date as well as any future payments and liabilities;

(ii) that any amendments to the scheme mix in terms of tenure and / or house types / sizes be agreed in consultation with the Council;

(iii) that the Council be entitled to receive nomination rights of 100% of initial lets and 75% of subsequent lettings of all social rented units provided through refurbished and new build affordable housing on the sites and that the Council receive 100% nomination rights in perpetuity to any shared ownership and / or other intermediate tenures;

(iv) that the Council not seek to use compulsory purchase powers to facilitate the redevelopment and that as far as possible the wishes of all residents (tenants, owner-occupiers and leaseholders) should be accommodated without compromising the wishes of others on the Windmill Estate;

(v) that Nene confirm and make provision to meet contributions previously agreed in principle to the Special Projects Officer role for 2006/07 and 2007/08 and consider future contributions if this post were to be considered essential by both Nene and the Council to delivery of the project beyond 31 March 2008; and

(vi) that an acceptable “construction code of practice” be agreed with the contractor that takes regard of non-participating residents; and

(f) the Council exercise its discretion to waive any discount repayment liability in respect of any Right to Buy sales caught within such provisions if this would enable affected owners to participate in the redevelopment scheme.

Cabinet RECOMMENDED TO COUNCIL that:

(a) formal approval be given for a redevelopment scheme for the Windmill Estate, subject to necessary planning consents and Secretary of State approval;

(b) the existing Council-owned properties and land be transferred to Nene Housing Association at nil cost;

(c) the scope of any redevelopment scheme should, as far as possible, include all the existing area of the estate subject to existing tenants and owner-occupiers being willing and / or able to participate. Where necessary, plans should be amended over time to cater for changing needs and to provide flexibility to accommodate as far as possible the wishes of all the existing residents;