Decision Details

Strategic Director of Place, Prosperity and Sustainability

Additional Portfolio: Finance and Resources

Previous title Ladywood Regeneration Estate and the purpose has bee updated from, 'To approve the preferred bidder to deliver the regeneration of the Ladywood estate. Updated title and purpose on 20 March 2023.

1. Approved the Ladywood Estate Regeneration Scheme Full Business Case (FBC) in Appendix 2, to the report;

    

2. Approved the award of a contract to St Joseph Homes Limited as development partner (with Berkeley Homes Plc standing as the guarantor for the development partner) for Ladywood Estate, Central, in accordance with the principal terms of the proposed contractual obligations under the Development Agreement;

    

3. Noted that the Council and St Joseph Homes Limited (Berkley Homes Plc) have set out a Stakeholder Engagement Strategy for engaging with all stakeholders on the regeneration of Ladywood Estate which will be adhered to during the lifetime of the project starting from the award of contract stage through to the completion of the construction of the last phase;

    

4. Authorised the Assistant Director Investment and Valuation to negotiate the voluntary acquisition of all land and interests edged red on the plan at Appendix 3, to the report, (which, save for the 7 tower blocks which are proposed to be retained, shows the maximum anticipated extent of acquisitions necessary to enable the delivery of the regeneration scheme), in advance of and alongside the use of Compulsory Purchase powers as necessary, as set out at (v) below and, where appropriate, pay statutory home loss, basic loss, and negotiate disturbance compensation to all qualifying owners and tenants, with all costs met by St Joseph Homes Limited (Berkley Homes Plc) in line with the Development Agreement;

    

5. Noted that the Council has a conditional obligation under the Development Agreement to utilise its Compulsory Purchase powers (or to obtain vacant possession of those units occupied by secure tenants under the Housing Act 1985) to facilitate the delivery of the scheme, should the use of such be necessary. This will require the Council to enter into a site assembly agreement on a phased basis across the estate. The authority to utilise such powers will be sought from Cabinet, where necessary and justified, when the scheme has been further developed through public consultation and engagement. To support the development of the scheme to this point, and to enable a robust land assembly approach to be delivered, it is necessary that Cabinet also:

    

6. Approved in principle, and subject to the completion of the phased site assembly agreements at (v) above, the making of Compulsory Purchase Orders (CPO) in respect of the land edged red at Appendix 3, to the report, (save for the 7 tower blocks which are proposed to be retained, shows the maximum anticipated extent of acquisitions necessary to enable the delivery of the regeneration scheme), such powers to be exercised under section 226 of the Town and Country Planning Act 1990, section 530 of the Education Act 1996, and section 17 of the Housing Act 1985 as appropriate, as well as the acquisition of new rights under section 13 of the Local Government (Miscellaneous Provisions) Act 1976.

    

7. Authorised the City Solicitor & Monitoring Officer to complete any indemnity agreements (including surety/guarantee if required) under which all costs, expenses and compensation arising from the Land Assembly and CPO and the pursuance thereof are met by St Joseph Homes Limited (Berkley Homes Plc) to ensure that the City Council is indemnified for all costs and acquisition costs arising from Land Assembly and CPO in accordance with the Development Agreement;

    

8. Delegated Strategic Director of City Housing the authority to cease lettings, commence the priority rehousing, serve Initial Demolition Notices on the Council tenants based on the intention to demolish, and to serve Final Demolition Notices and comply with all associated statutory requirements in respect of tenants residing in the properties identified at Appendix 3 (to the report) to enable the delivery of the regeneration programme in line with the Development Agreement and the phased approach;

    

9. Approved the governance and the decision-making arrangements for the Ladywood Estate Regeneration Scheme including the Scheme of Delegations, comprising Project Board (management of the programme) and an Implementation Group (day-to-day running of the Development), as set out and detailed in Appendix 4 to the report, and delegates authority to the Strategic Director, Place, Prosperity and Sustainability and Strategic Director City Housing, to review the governance as required;

    

10. Approved the commitment of staff resources to manage the delivery of the Ladywood Estate Regeneration Scheme, as shown at Appendix 5, to the report. The staff costs associated with the progressing of land assembly (including CPO), all the costs of site acquisition, and all compensation will be funded by St Joseph Homes Limited (Berkley Homes Plc), in line with the Site Assembly Agreement and Development Agreement. Any additional staff costs to support the delivery of the scheme are to be funded from the Delivery Plan Capacity Build Transformation Budget up to a sum of £750,000 covering estimated spend for 2023/24 and 2024/25;

     

11. Delegated authority to the Strategic Director, Place, Prosperity and Sustainability in conjunction with the Assistant Director, Procurement, the Acting Director for People and Corporate Services, the Interim Director of Finance (Section 151) and the City Solicitor & Monitoring Officer (or their delegates) in consultation with the Cabinet Member for Finance and Resources to develop a strategy including the procurement route(s) and then to award contracts for the procurement of any professional services over the procurement threshold as required during the project to assist in the delivery of the scheme in accordance with the Procurement and Contract Governance Rules. This includes but is not limited to:

     

    • Stakeholder Engagement
    • Land Referencing
    • Professional advice to support Land Assembly and Compulsory Purchase
    • Cost Management
    • Financial Viability and Economic Assessment
    • Legal Advice

     

12. Authorised the Director, Planning, Transport & Sustainability and the Acting Director for People and Corporate Services, the Interim Director of Finance (Section 151) and the City Solicitor & Monitoring Officer (or their delegates) to apply for and accept any external funding associated with the Ladywood Estate Regeneration Scheme to help support the delivery of this programme subject to the funding conditions being acceptable;

     

13. Authorised the City Solicitor & Monitoring Officer to take any steps and enter into any legal agreements needed to bring the above into effect, including but not limited to: negotiate, finalise, execute, and complete all necessary legal documentation to give effect to the above recommendations, and in relation to the CPO to carry out preparatory work including land referencing required prior to the making of such orders;

     

14. Approved the appropriation of 40 hectares (98 acres) of General Fund land, held within the Housing, Education, Economic Development, Leisure, Social Services and Transportation service areas shown on the plan at Appendix 6, to the report, to the Housing Revenue Account;

     

15. Noted that a developer could not be found to take the Ladywood Estate, Broad Street scheme forward at this time, a further report will be submitted to Cabinet on the future proposals for the area.

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