SOUTHWARK CALL FOR URGENT MEETING WITH COMMUNITIES MINISTER OVER AYLESBURY ESTATE
Southwark council have called on secretary of state for communities and local government Sajid Javid for a meeting to discuss the regeneration of the Aylesbury estate, following a hearing at the Royal Courts of Justice.
The hearing was the latest step in the council’s attempt to overturn the government’s decision not to allow the compulsory purchase of eight remaining properties, needed if 800 new homes are to be delivered.
The move could have significant implications for leaseholders living on the six estates – including Central Hill -which Lambeth council want to demolish.
In a statement Southwark said: “At the hearing Judge Collins agreed that the council could proceed with the judicial review process, proposed that a meeting should be held between the two parties before any litigation begins, considered that it would be unlawful for the council to offer more than is allowed under the Compensation Code (see below – Ed.), and recognised that the decision has significant knock-on effects for other schemes.”
Cllr Peter John, leader of Southwark council, said: “I wrote to Sajid Javid last year, asking him to look again at his decision, but his response was effectively that he would see us in court.
“This week a Judge echoed our view that the decisions to date have been based in part on speculation and misunderstanding, and I would urge the Secretary of State to listen to this impartial view, and meet with us to properly consider this important issue.
“His decision threatens the future of homebuilding in London and across the country, and it deserves his full attention. “We can also save the taxpayer considerable sums of money if we can resolve this without involving the courts. I have written to him to request an urgent meeting.”
Southwark say the regeneration of the Aylesbury estate will bring the following benefits for local people:
50 per cent affordable homes, with 75 per cent of those at social rents and the remainder as shared ownership or shared equity homes for leaseholders
mixed communities – between social rent, shared ownership and private sale
improving existing open space, (invested £11m to improve Burgess Park for local residents, with a further £6m to be spent over the next three years, and improved grounds maintenance)
£30m investment in local education including a brand new building for Faraday Primary School and a new secondary school – University Academy of Engineering Southbank
A brand new library and health centre for local people
Working with the Creation Trust to support the economic and social regeneration of the estate by helping residents into education, training and employment, as well as supporting a range of other projects and programmes Creation run including their resident involvement activities.
(Source: Southwark council press release)
COMPENSATION CODE
Compensation Code: The Department for Communities and Local Government have produced five booklets on compulsory purchase (revised versions published in October 2004), which explains, in simple terms, how the compulsory purchase system works. All available online – search compensation code.gov.uk
The rights to compensation and methods and procedures for assessing the correct amount are derived from what is commonly referred to as the “Compensation Code”. This is made up of Acts of Parliament, case law and established practice. The principal Acts are the Land Compensation Acts of 1961 and 1973 and the Compulsory Purchase Act 1965.
The Royal Institution of Chartered Surveyors operates a compulsory purchase helpline which can be contacted on 0870 333 1600. This helpline puts you in touch with experienced chartered surveyors in the local area who will provide up to 30 minutes of free advice.
An online RCIS booklet on the subject says:
Where a simple property (e.g. a house or flat) has been taken, the principles are fairly straightforward.
The compensation will be the market value of the property concerned, ignoring any increase or decrease in value caused by the effect of the development.
In addition, reasonable removal costs can be claimed, together with the costs of adapting carpets and curtains (if these can be reasonably removed), the stamp duty on buying an equivalent new home and reasonable legal and lender’s fees in buying a new property.