birmingham city council (rowden drive erdington ... · the order land covers land and property...

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BIRMINGHAM CITY COUNCIL

(ROWDEN DRIVE ERDINGTON)

COMPULSORY PURCHASE ORDER 2017

STATEMENT OF REASONS FOR MAKING THE ORDER

This Statement of Reasons can be made available in large print, on audiotape and computer disc. The City Council can provide versions in Braille or Moon on request, normally within 10 days. The Council can also provide versions in community languages on request, again normally within 10 days. Please telephone 0121 675 5409 for any of these alternative formats.

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Contents

Page No.

1.0 Introduction 3 1.1 The Purpose of this Statement 3-4 1.2 Description and Location of the Order Lands 4-5 1.3 Enabling Powers 5 2.0 Purpose of the Order 5-6 3.0 Background to the Order 6-8 4.0 Consultation Undertaken 8-9 5.0 Description of the Proposal 9 6.0 Justification for the use of Compulsory Purchase 9 6.1 Compelling case in the public interest 10-12 6.2 Clear proposals for the Land 13 6.3 Resource available for the proposed scheme 13-14 6.4 Impediments to delivery 14 6.5 CPO as a last resort 14 7.0 Guidance on use of Section 226 TCPA 1990 14 7.1 Land assembly set within a clear strategic framework founded on

appropriate evidence and subject to consultation (paragraph 74) 15-16

7.2 Whether the purpose for which the land is being acquired fits with adopted Local Plan or draft Local Plan and NPPF (paragraph 76)

16-20

7.3 The Planning Position 20-21 7.4 Contribution to Economic, Social or Environmental Well Being of

the Area (paragraph 76) 21

7.5 Reasonable Prospect that the scheme will proceed 21 7.6 Alternative Means (including proposals from owners within the

Order Lands) to Achieve the Purpose (paragraph 75) 21-22

7.7 Summary 22 8.0 Special Considerations 22 Views of Government Departments 22 9.0 Related Applications, Appeals, and Orders 22 10.0 Human Rights 23-24 11.0 Equalities 25- 12.0 Rehousing 26 13.0 Contacts for further information 26 14.0 Further advice and assistance 27 15.0 Inspection of Order Documents and Plans 27 16.0 Inquiries Procedure Rules 28 17.0 List of Background Documents - BCC1 – BCC50 29-34

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(ROWDEN DRIVE ERDINGTON)

COMPULSORY PURCHASE ORDER 2017

STATEMENT OF REASONS FOR MAKING THE ORDER This Order is to be made under Section 226(1) (a) of the Town and Country Planning Act 1990. The Council believes the acquisition will facilitate the carrying out of development, redevelopment and improvement of the Lyndhurst Estate, and will also contribute to the promotion of the economic, social and environmental well-being of the area through provision of new housing and community facilities, including open space, play or sport facilities, together with related highway or environmental improvements. 1.0 Introduction This document is the Statement of Reasons of Birmingham City Council for making a compulsory purchase order entitled the “Birmingham City Council (Rowden Drive Erdington) Compulsory Purchase Order 2017”. The Compulsory Purchase Order is made pursuant to Section 226(1) (a) of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004. In this Statement of Reasons, Birmingham City Council is referred to as “the Council” and the land included within the Compulsory Purchase Order is referred to as “the Order Land”. This Statement of Reasons has been prepared in compliance with the Department for Communities and Local Government “Guidance on Compulsory purchase process and The Crichel Down Rules for the disposal of surplus land acquired by, or under the threat of, compulsion (October 2015), the ‘CPO guidance’. 1.1 The Purpose of this Statement: The purpose of the statement is to demonstrate the case for the compulsory purchase order which is required to complete a programme of land assembly and thus enable the comprehensive and co-ordinated redevelopment and regeneration of the Lyndhurst Estate, in Erdington, Birmingham. This Statement of Reasons describes the Order Land, and provides background to the need to seek a compulsory purchase order. The Statement then goes on to describe the Council's purpose and justification for the use of compulsory purchase powers, and the planning position and policy context within which the Council's planning decisions have been taken. Other matters referred to in this Statement include other special considerations and human rights implications as well as the consultation undertaken. The Order is being made and submitted to the Secretary of State for Communities and Local Government ("the Secretary of State") for confirmation.

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1.2 Description of the Order Land, location and current uses The Order Land is shown edged and hatched black on the CPO plan at BCC2.

The Order land covers land and property located at 138 Rowden Drive, Birmingham B23 5UR and rights of way at the rear of 124 and 126 Rowden Drive. The property at 138 Rowden Drive is owned leasehold. It is a three bedroom maisonette, and is contained within a four storey block that comprises of sixteen maisonettes. The freehold to the block of maisonettes is owned by Birmingham City Council. With the exception of number 138, the remainder of the maisonettes are vacant. The vacant flats are secured with security grills, and access to the upper floors prevented by security screens to ensure management of the block whilst not hindering access to 138 Rowden Drive. The 125 year lease of 138 Rowden Drive was purchased by the current owner occupiers, on 2nd March 1992, and they continue to live in the property as their principal home. The property was purchased under the Right to Buy scheme by the current owners; one of them having held the sole tenancy of the property since 30th November 1987. At the time of completion of the Right to Buy application, the purchase was in the sole name of only one of the current owners, the other being identified as a sharing family member.

The order property forms part of a development site that is in the freehold ownership of Birmingham City Council, with the exception of a number of owner occupied houses which do not form part of the redevelopment. Full details of the order land are given in the Order Schedule and plan BCC 1 & 2. The Order land is in the Erdington Parliamentary Constituency, approximately 8 kilometres (5 miles) north of Birmingham City Centre. It is within the Lyndhurst housing estate that in the main comprises residential buildings; the site of the former Lindsworth School North (demolished in 2012); The Malcolm Locker Youth Centre; public open space and areas highway maintained at the public expense. Although these buildings and surrounding grounds are not included within the order, they are within the redevelopment area. The entirety of the redevelopment area comprises approximately 8.53 hectares (21.08 acres) as shown at BCC41.

1.3 Enabling Powers The CPO is made by the Council under Section 226(1) (a) of the Town and Country Planning Act 1990 as amended. The Order Land needs to be acquired to deliver the planning approval 2012/07153/PA, to provide 316 new homes, public open space and playing fields. BCC16. Once delivered, the scheme will contribute towards the improvement of the social, economic and environmental well-being of the area and wider region. 2.0 The Purpose of the Order The purpose of the order is to enable completion of the programme of land assembly required for the comprehensive and co-ordinated redevelopment and regeneration of the Lyndhurst estate. As such, the proposals for the Order Land are a key element in

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complementing the delivery of sustainable housing as part of the City Council’s growth agenda. The Council’s vision is a regeneration project that will fundamentally change the area, by:-

• Providing high quality, sustainable new homes that address future housing demand.

• Balancing the local housing market and widen tenure choice. • Provide a more attractive and safe environment, with improved open space,

leisure and play facilities. • Provide training and employment opportunities

These is being achieved by comprehensive redevelopment, and including the provision of new housing, public open space including a neighbourhood park, and improved play and sports facilities, together with accompanying environmental, public realm and transportation works. To facilitate this change, an initial clearance programme was approved by the Cabinet of the Council in 2003 - BCC4. Prior to the clearance programme, the residential element of the estate comprised of 777 properties including 461 high-rise flats in 7 tower blocks, 249 medium-rise flats and maisonettes, 60 houses and 7 bungalows. The tenure of the estate being predominantly Council rent.

The initial clearance programme comprised 237 low rise flats and maisonettes, including 16 leaseholders. By September 2007, 8 leaseholds had been repurchased by the Council by negotiation, but it was considered that it may be necessary to pursue CPO action where terms could not be agreed on a voluntary basis with the remaining leaseholders.

In view of this on 24th September 2007, Cabinet resolved that the Order land should be acquired for housing purposes under Section 17 Housing Act 1985 and a Compulsory Purchase Order to be made to acquire the Order land and to authorise acquisition by agreement in advance of confirmation of the Order if possible BCC5 & BCC6. At the date of this approval, there were 8 remaining leaseholders from the original clearance decision in 2003, including the order land, and there were two additional leaseholders that were included in the additional clearance approval of 2007. A further approval for the use of CPO powers on additional land elsewhere within the estate was secured on 21st October 2008 BCC 7.

In October 2010, outline planning approval was secured to develop the area for up to 316 new homes; the provision of 3.45 hectares of open space and improved community facilities BCC15. This permission was amended in December 2012 to reflect the completed land assembly and revised masterplan BCC16. At the time of this approval the order property was the last remaining property to be acquired as part of the clearance programme.

In view of the revised masterplan, which identified revised final land uses; the details of the planning approval; and the failure to secure a voluntary re purchase of the property at 138 Rowden Drive, on 23rd April 2013, Cabinet resolved that the Order land should be acquired for planning purposes under Section 226(1) (a) of the Town and Country Planning Act 1990 BCC11. This report considered several sites that were part of the Council’s programme for the direct delivery of new homes; Birmingham Municipal Trust (BMHT), identifying the

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progression of the CPO as essential to secure the site as part of the overall regeneration of the area, that had been set out in an earlier report of 30th July 2012. This report also gave authority that in the event that the voluntary purchase of the rights of way at 124 and 126 Rowden Drive was not achieved, that these interests would also be included in the order land.

There are no exceptional environmental factors to prevent redevelopment of the Order land, and the redevelopment proposals are supported by a strong local and national planning policy background as referenced in Section 7 of this statement. 3.0 Background to the Order The Council first began to consider the issue of intervention in the Lyndhurst estate in 2001. At this time it was acknowledged that the estate required considerable investment in the housing accommodation. The existing design of the estate was outdated and no longer provided an attractive residential area. In considering future investment into the Lyndhurst estate, the Council took account of a number of factors and whether the estate was a sustainable community. The estate had a poor image containing unpopular and limited choice of house types in a poor physical layout, and there was a limited tenure choice. The community was demoralised and it was considered that social problems on the estate had become so embedded that radical change was needed. There was repeated evidence of anti-social behaviour, gang activity, drug use and criminality. At the time only one in seven adults living on the estate was in full time work and 85% of residents were in receipt of state benefits. Pupil turnover at local schools was one in three; double that for the wider housing market area. Nearly half of all lettings were to homeless applicants. PRP Architects were commissioned in July 2002 to analyse issues on the estate, consult with residents and prepare a plan for the regeneration of the estate. Three options were then prepared for the Council and tenants to consider:

• Minimum intervention – clearance of maisonettes, low-rise flats and shops for redevelopment, refurbishment of retained stock

• Modest intervention – as minimum intervention plus clearance of two high-rise blocks of flats for redevelopment and refurbishment of retained stock

• Total regeneration – clearance and redevelopment of the whole estate 150 residents completed questionnaires and commented on the proposals. The consultation established that Standleys Tower was well liked by its residents and should be retained. It was felt that demolition of all of the tower blocks at this time was not achievable given the number of flats involved. It was considered that these dwellings should be upgraded and refurbished. The consultation identified that Harlech and Burcombe Towers were the least well liked of all the blocks. The residents’ preferences for the options above were:

Minimum intervention 30% Modest intervention 42% Total regeneration 28%

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Following the outcome of the consultation, the Council subsequently approved the phased clearance of 227 properties on 3rd November 2003, these being maisonettes and low-rise flats and a parade of shops BCC4. This approval included the order property, but not the use of compulsory purchase powers. The Council further resolved that proposals for redevelopment would be further developed and a masterplan produced.

The medium-rise flats and maisonettes approved for clearance, including the property at 138 Rowden Drive, were built around 1960 and at the time of the initial clearance decision, required full modernisation, including central heating, window replacement, re-wiring and kitchen and bathroom refurbishment. They did not meet the Decent Homes Standard, and it was considered that the cost of bringing the properties up to standard, £5m in 2003, did not represent value for money. A financial viability assessment identified demolition as the most viable option. An Option Appraisal of the seven multi-storey blocks of flats was undertaken during 2006 that concluded that Harlech and Burcombe Towers should also be demolished and the remainder refurbished. Cabinet approved the demolition of these two blocks on 24 September 2007. Burcombe Tower was demolished in 2010 and Harlech Tower demolished in September 2011. In October 2008, the Council submitted an Expression of Interest for Private Finance Initiative (PFI) Credits to the DCLG for the regeneration of various areas in Erdington including the redevelopment of the Lyndhurst estate and secured a place on the PFI programme. An Outline Business Case was prepared but in December, 2010 the Homes and Communities Agency withdrew the Round 6 PFI Programme following the outcome of the Comprehensive Spending Review in October 2010, and so the development proposals could not be implemented at that time due to lack of available funding.

It was then necessary to identify an alternative funding source to achieve the redevelopment of the area. This was achieved in 2012 as part of the Birmingham City Council’s HRA self-financing Business Plan, which was developed in response to the changes to the HRA subsidy reforms which took effect from 1st April 2012. Consequently, the Council is now directly meeting the costs of the development from within its capital programme funded from a combination of the Housing Revenue Account, cross subsidy from sales and secured grant from the Affordable Rent Programme, managed through the Homes and Communities Agency. 4.0 Consultation Undertaken: Significant consultation with local residents and other interested parties with respect to the formulation of proposals for Lyndhurst estate has been undertaken throughout the period since 2002. Initially, an Estate Development Group of residents, officers and local elected Members was established in January 2002. This group met regularly to monitor the progress of the regeneration whilst rehousing of residents was undertaken. Newsletters have also been periodically issued to all residents on the estate.

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Having taken undertaken feedback from these representatives, in October 2002 a week long ‘drop in’ consultation event was held on the estate, presenting options for the clearance and development of the estate. A newsletter was issued to all the residents of the estate, and a questionnaire on the clearance and development options issued and 150 were returned, representing approx. 25% of the households on the estate. The favoured response from residents to clearance and development was the platform for the detailed option appraisal by the council and subsequent clearance approval. A further survey of the residents of the six tower blocks on the estate was undertaken in September 2005, regarding potential further clearance of the tower blocks to which 125 residents responded. Following initial clearance approvals, development options were again consulted upon, and these were reported on in 2005, and June and July 2008. Over 700 questionnaires were issued and 58 residents responded to the July 2008 consultation.

Further consultation was undertaken as part of the development of the Erdington PFI project, when a new Residents Consultation Group was established to enable resident involvement in the project. Several meetings of this group were held at which the proposals for the Lyndhurst estate were discussed. An estate wide resident consultation event on the development proposals was held on 13th May 2010 and an additional stakeholder event was held on 21st May 2010

No additional clearance of accommodation has been proposed since the Cabinet decisions of 2007 and 2008, but resident consultation has continued in respect of the planning of new homes. Following the inclusion of the redevelopment of the Lyndhurst estate within the Councils Stock Replacement programme in 2012 BCC8, a consultation event was held on the 3rd September 2012 to which all residents within the estate and surrounding boundaries were invited to comment on the revised development proposals for the estate. A further drop in event was held on 11th December 2012 to present the updated plans for the area, having taken resident feedback into account from the September consultation. These plans for the revised masterplan for the area were subsequently approved by the planning committee on 6th December 2012 BCC16, and a reserved matters approval to the detailed plans for the initial phase of development, phase 1a was secured on 7th March 2013 BCC17. On 17th July 2013 another estate wide ‘drop in’ was held to coincide with the start of building of the first phase of new homes (phase 1a), and to coincide with submission of the reserved matters application for phase 1b BCC18.

Finally an estate wide consultation event was held on 21st October 2014 to take into account any stakeholder comments, prior to the submission of the reserved matters application for Phases two and three of the development. All residents and stakeholders were invited to this event, at which residents had an opportunity to provide their views on the development before submission of the application. No formal objections were raised to the planning application, and the reserved matters application was approved by the planning committee on 28th May 2015. BCC19. This final reserved matter included detailed proposals for the order land.

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In addition to the above, citywide statutory consultation was undertaken on the Birmingham Development Plan, and locally as part of the statutory planning process in reference to the outline and reserved matters planning applications referred to in section 7.3 of this document. 5.0 Description of the Proposal The order land is a key element in the overall redevelopment proposals as set out in the planning approval for the development of up to 316 new homes together with the delivery of public open space and play facilities. The acquisition of the order land will enable the demolition of this final block of maisonettes, thus unlocking the last phase of development, which includes the final two residential properties and delivery of for the provision of public open space in the form of a playing pitch and new multi-use games area as required by the planning approvals 2012/07153/PA BCC16, and reserved matters 2015/01554/PA - BCC19. The detail of the plan for the area being at BCC41. 6.0 Justification for the Use of Compulsory Purchase In deciding whether to make the CPO, the Council has had regard to the Department for Communities and Local Government Guidance on Compulsory Purchase Process, and the Crichel Down rules for the disposal of surplus land acquired by or under the threat of compulsion (October 2015), the ‘CPO guidance’. A demonstration of how the proposal meets the relevant sections from the CPO guidance is addressed below: 6.1 Compelling case in the Public Interest (para 12 of the CPO guidance).

The proposed redevelopment of the area will deliver significantly improved community facilities and housing that will contribute towards the economic, social and environmental benefit of the area.

Section 2 and Section 3 of this Statement of Reasons describes how the origin of the proposals for redevelopment of this area can be traced back over 13 years with community consultation having been undertaken throughout this period. The key outcome of this work has been a consistent level of support for comprehensive redevelopment.

The regeneration of the Lyndhurst estate also remains a strategic priority for the City Council, supporting the new delivery of approximately 316 new homes and providing a sustainable neighbourhood as part of the Birmingham Municipal Housing Trust programme of direct housing provision by the City Council.

The acquisition and clearance of the Order Land is consistent with the Housing Strategy to deal with stock that is not financially viable or sustainable in the long term. The proposed clearance of the Order properties facilitates the provision of new housing accommodation that is both environmentally and socially sustainable. It allows for diversifying the tenure and choice of housing across the estate, as well as the type of housing on offer. Clearance of obsolete stock and redevelopment, therefore, facilitates housing market change and transformation of the estate.

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The Council originally approved the demolition of 237 medium-rise flats, maisonettes and shops across the Lyndhurst estate. Following the clearance decisions, the local authority tenants in the medium-rise flats and maisonettes have all been re-housed. The purchase of all of the leaseholders, with the exception of the order property, has also been completed. All of the properties with the exception of those in the block containing the Order Land have been demolished.

This CPO will thus enable the completion of the long term site assembly programme for this area and the completion of the development of the new homes and requirements of the planning approval that 3.5 hectares of public open space be provided, including the provision of a new park, Multi Use Games Area (MUGA and playing pitch facilities, are provided. Attempts to acquire the Order Land by voluntary negotiation have taken place over a period of several years and continue to take place. The order property is the last occupied property within a maisonette block of 16 properties, the freehold of which is held by Birmingham City Council. The residential order property is required to enable the demolition of the empty maisonettes so as to facilitate the provision of outdoor sport facilities, which is requirement of the planning permission granted for the provision of up to 316 new better quality homes that are sustainable in the long term within the estate. The planning permission to develop the new homes is subject to the delivery of all the conditions imposed as part of these permissions, namely that 3.5 hectares of public open space is provided, as well as the development of a new neighbourhood park replacement multi use games facility and replacement playing pitch.

The retention of the Order Land, the individual residential property would not be appropriate, or feasible, given its location within a block of maisonettes, and the objective to achieve significant change across the estate. The maisonettes are in a key location for transforming the estate and are not considered either financially viable to retain and improve, nor a desirable property type to rent by tenants. It is considered necessary and proportionate to acquire the order property in that the land to be acquired will facilitate the wider redevelopment. The vehicular rights of way also prohibit the implementation of the planning approvals to provide new homes.

Attached at BCC44 are photographs of the estate prior to the demolition of the poorest housing stock, showing property archetypes including the order property.

Attached at BCC45 are photographs of the new homes now completed as part of early phases of the redevelopment of the estate (Phase1a and 1b). The acquisition of the order property will enable the continuation of the development, and enable the implementation of the planning approval in relation to the wider estate. In line with the earlier consultation that considered options for intervention between 2002 and 2008, a number of properties have been retained within the estate and improved. Four of the six tower blocks were retained, and improved to include external cladding of the buildings to improve due thermal insulation of the buildings, balconies were enclosed and new windows and doors provided. The houses that were retained are popular house types and were not subject to the types of disrepair and antisocial behaviours that were evident in the blocks of maisonettes that

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were recommended for clearance. The property at 138 Rowden Drive is the last remaining occupied property in a block of 16 maisonettes. These walk up three bedroom maisonettes are not considered to be appropriate accommodation for families having previously given rise to antisocial behaviour. The block of maisonettes that includes no 138 is in considerable disrepair and it is estimated that the cost of repair to return the block into a lettable standard was in the region of £613k at 2012. There is currently no funding available to undertake these repairs, as part of the housing investment capital programme. Further to the condition of the property, the demolition of the block of maisonettes is required to enable implementation of that element of the planning permission, which requires the provision of 3.5 hectares of public open space and specifically requires the replacement of a playing pitch, and replacement of a multi-use games area (MUGA). The typography of the area, and requirement to work within the existing road pattern, retained properties, and mature landscaping of the area, means that the site of the land adjacent to the existing community facility, the Malcolm Locker Centre, is considered to be the best and most suitable location for the replacement playing pitch to be sited. The development of the playing pitch alongside the centre and the replacement MUGA will also enable the creation of a community hub which will serve not just the residents of the estate, but also the wider Erdington area. Adjacent to the block of maisonettes is the Malcolm Locker Youth Centre. The centre is leased to and managed by the The Malachi Trust. The Malachi Trust is a charity which provides family and community intervention services .The Malachi Trust is to further develop the centre to provide additional services and will, following the completion of the sport and play facilities incorporate these areas alongside the centre to further develop the community hub. The services provided by Malachi serve the wider community of not just the Erdington area but the district. Since approval to the voluntary acquisition; subsequent approval to the use of compulsory purchase powers in 2007, and further approved CPO powers using planning powers rather than housing powers in 2013, there have been ongoing attempts to engage with the owner of the order property to value the property and to provide rehousing options. Periodically the owners have engaged with the Council’s clearance and rehousing team to discuss the repurchase of the property, however no access into the property has been provided by the owners to enable a full valuation of the property and attempts to conclude the repurchase and rehousing of the occupants have been unsuccessful to date. Attached at BCC 48 & 49, are copies of letters of the initial decision letter sent to the owners, advising them of the Cabinet clearance decision, and invitation to a voluntary purchase by negotiation, and the most recent correspondence with the owners. The owner of the leasehold property has indicated verbally a wish to remain as an owner occupier, and wishes to be offered an alternative property by the Council as a private owner, but at no additional cost to the existing value of the property at 138 Rowden Drive. The Council may only offer the full market value of the leasehold property. A full valuation of the order land has not been possible, as no access has been provided to the Council’s valuer. The Council has offered to facilitate a shared equity arrangement to enable the owner to purchase another property with the Council holding a financial charge on the new property

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to bridge the gap, as at BCC50. No formal response has been received in response to this proposal to date. The Council has also offered to rehouse the owner in a Council tenancy. The Council will continue to offer and explore rehousing options to the owners, but it is recognised that a voluntary solution is unlikely to be possible in light of the length of time that a voluntary solution has been sought. The Council has balanced various competing interests including its own as acquiring authority, the interests of Owners and the wider public benefit, and considers there is proper justification for the compulsory acquisition. The owners of the leasehold property at 138 Rowden Drive will be duly compensated and offered assistance with relocation. The re-housing of the owner occupiers of 138 Rowden Drive will continue to be undertaken by an experienced dedicated officer from the Council’s housing clearance team. Support will be provided throughout the process, from registration of a re-housing application through to their move, enabling them to secure alternative accommodation that meets their needs. Support is tailored to meet the individual needs of each household and residential property owners are given priority for re-housing. In the case of the owners of the rights of way; the owner of number 124 wishes to sell their legal interest and the use of compulsory purchase powers is a last resort in the event that a negotiated price cannot be agreed. Similarly the owner of the interest at 126 Rowden Drive does not use this right of way, however agreement to repurchase this interest has not yet been secured, and use of CPO powers is a last resort. Neither owner utilises their rights, as shown in the photographs at BCC47. The Council wish to acquire the rights of way at the rear of 124 & 126 Rowden Drive, Erdington pursuant to Section 226(1) (a) of the Town and Country Planning Act 1990 so that under Section 236 of the Town and Country Planning Act 1990 the rights over land can be extinguished. 6.2 Clear Proposals for the Land (paragraph 13 of the CPO guidance) The Council has clear proposals for the Order Land as part of the redevelopment of the Lyndhurst housing estate. The CPO is needed to realise those proposals. Full planning permission was obtained for this phase of the redevelopment on 28th May 2015, further to the outline planning permission obtained in 2012, and completion of the development of 141 new homes in earlier phases of the redevelopment since 2013. BCC19. Across the estate the majority of the land is to remain in the ownership of Birmingham City Council and the Council will be developing the area for a mixture of new Council and open market sale homes; a neighbourhood park; public open space; playing pitch and a multi-use games area. The delivery of the new homes and community facilities is to be undertaken as part of the Councils direct building programme- Birmingham Municipal Housing Trust. A contract for the construction of 110 homes and the community facilities on this phase of development has already been entered into with a contractor, to include the order land. This is a

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conditional contract the inclusion of the order land being subject to this compulsory purchase order. When the Order Land is acquired, the Council will clear the land, and provide vacant possession to the contractor to enable the delivery of the new homes and play facilities (including MUGA) at the earliest opportunity for a completion of the works by June 2018, subject to vacant possession being provided to the contractor. Approval to the tender acceptance for the development of this phase of the redevelopment was secured on 17th November 2015 BCC14. The adjacent Malcolm Locker Youth Centre is currently tenanted by The Malchi Trust a charity which works with children and families in need, through various programmes supporting them in the community and at school. Programmes include Early Intervention Support; Parenting Programmes and summer schools. The Malachi Trust has entered into a 25yr lease for the building to extend and develop their programme and this will include the management of the community sports facilities that will be delivered through the acquisition of the order land, and its subsequent development. 6.3 Resources Available for the Proposed Scheme (paragraph 14 of the CPO guidance) The full business case for the redevelopment of the Lyndhurst estate was approved by the Cabinet of the Council on 25th March 2013. BCC10. This full business case identified the funding that would be made available to fund the scheme as part of the HRA Business Plan and Budget for 2013/14 and subsequent years. This report included the acceptance of the tender for the first phase of development. Phase 1a Further to a subsequent approval on 29th July 2013 to accept the tender to deliver phase 1b of the redevelopment BCC12, on the 17th November 2015 the Cabinet of the Council accepted a tender to undertake the works for the development of phases 2 and 3 of the redevelopment, which includes the order land, and which is to be funded by a combination of Housing Revenue Account contributions, Right to Buy receipts and sales receipts BCC14. Whilst significant public sector resources have been committed to the delivery of the redevelopment, this has been supplemented by the receipts generated from the sale of new homes in earlier phases of the redevelopment, and anticipated sales receipts from the remaining phases. As such the proposals for the scheme are fully funded. 6.4 Impediments to Delivery (paragraph 15 of the CPO guidance) It is considered that there are no impediments to implementation other than the making of this CPO. A large part of the previously poor quality housing estate has already been redeveloped with new homes, and quality public open space being provided. This CPO will enable the completion of the comprehensive redevelopment of the area. 6.5 CPO as a Last Resort (paragraph 12 of the CPO guidance) A comprehensive programme for the clearance and redevelopment of the Lyndhurst Estate has been ongoing since 2003. Approval to the acquisition of privately owned properties and

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use of housing CPO powers within the estate was first approved in 2007 /2008, and whilst voluntary negotiations facilitated a large part of the clearance programme, the inclusion of the scheme as part of the in the Birmingham Municipal Housing Trust programme for construction of new homes to be funded as part of the Housing Revenue Account has provided the demonstration of the certainty of delivery and the availability of resources to enable the use of Compulsory Purchase Powers. As set out in Section 6.1 of this statement, there have been continued efforts to acquire the leasehold property at 138 Rowden Drive, initially as part of the wider clearance programme from 2007 but also since 2013 when the use of a planning CPO was approved by Birmingham City Council. BCC11. These voluntary negotiations to acquire the order land have not been successful and the use of compulsory purchase powers is considered necessary as a last resort in this instance to complete the comprehensive redevelopment of the area. Negotiation to acquire voluntarily will continue in parallel with the CPO. 7.0 Guidance on use of Section 226 TCPA 1990 It is also necessary to consider Tier 2 (Section 1) of the CPO Guidance (2015) which gives specific advice with regard to CPOs under section 226 of the 1990 Act and matters the Secretary of State should take into account in determining whether to confirm a CPO. The Council is satisfied that analysis of these considerations supports both the making of the CPO and its confirmation. 7.1 Land assembly set within a clear strategic framework founded on appropriate evidence and subject to consultation (paragraph 74) The scheme which the Order underpins is supported by local and national policy as is described below. At a broad strategic level the land assembly programme for the Lyndhurst redevelopment was consistent with the key planning document for Birmingham at the time; the Unitary Development Plan (2005), at the time of the initial clearance decisions by Cabinet in the early stages of the programme. BCC23. Further to this historic planning context, in compliance with the National Planning Policy Framework (NPPF), and as part of the development of the Birmingham Development Plan, since 2012, Birmingham City Council has undertaken annual Strategic Housing Market Assessments to determine housing targets and to evidence its strategic objectives producing a new kind of evidence base study, which underpin both these new planning targets and affordable housing policy BCC 31, 33 & 34. Strategic Housing Land Availability Assessments have also been undertaken to determine the potential to accommodate the required housing development since 2012 to date. Paragraph 47 of the NPPF also requires local authorities to:

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“…identify and update annually a supply of specific deliverable sites sufficient to provide five years’ worth of housing against their housing requirements. To be considered deliverable, sites should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years and in particular that development of the site is viable.” Within this context, the land within the Lyndhurst estate is identified at E662, E663 and E211 of the current Strategic Housing Land Availability Assessment (5 year land supply 2015-2020) BCC 36, as part of the required land supply to meet the Council’s housing targets, within these assessments, and as contained within the SHLAA report of 2015 BCC37. These housing targets are most clearly set out in the Birmingham Development Plan (adopted January 2017) BCC 39. In recognition of the challenge to achieve the housing targets required to meet housing need, the Housing Growth Plan 2013 BCC35, which makes up one of the supporting documents of the BDP.The Housing Growth Plan sets out the mechanisms needed to be put in place to meet not just housing need, but the creation of sustainable neighbourhoods; to achieve a strategic view towards meeting the needs of our city for homes and jobs, and ensuring that the infrastructure is in place to support new developments. This specifically identifies supporting the required land supply; through a programme of clearance and redevelopment of the Councils own housing stock. Clearance has been driven by the need to demolish properties that were either structurally unsound, or failed to meet residents’ aspirations. The order land is identified as being within an area of such housing regeneration, where the regeneration and renewal of existing housing areas will continue to be promoted to ensure that high quality accommodation and environments are provided in line with the principles of sustainable neighbourhoods, where replacement rates on cleared sites will be maximised subject to the provision of high quality accommodation within a high quality environment. In redeveloping cleared land sites, the Council is not only addressing housing needs, but, where appropriate, identifying and providing opportunities to improve local employment, open space provision, playing fields, sports facilities and the quality of the local environment and community, health and education facilities. Having consulted with the existing community consistently over a period of years, and undertaken an option appraisal as to the future of the Order Land, the decision to clear and demolish the property at Rowden Drive as part of a wider estate wide clearance programme is consistent with the Councils Strategic framework to achieve both Housing Growth and sustainable neighbourhoods, as part of the Birmingham Development Plan. BCC39. Within the BDP, the use of compulsory purchase powers is noted as a power to assist the site assembly programme.

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7.2 Whether the purpose for which the land is being acquired fits with adopted Local Plan or draft Local Plan and NPPF (paragraph 76) 7.2.1 The National Planning Policy Framework (NPPF) BCC 29 Having come into effect in 27th March 2012, this supporting policy document focuses on the achievement of sustainable development with the planning system performing a key role in achieving this through:

• an economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure;

• a social role – supporting strong, vibrant and healthy communities, by creating a high

quality built environment, with accessible local services that reflect the community’s needs and support its health, social and cultural well-being; and

• an environmental role – contributing to protecting and enhancing our natural, built

and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

Pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people’s quality of life, including : replacing poor design with better design; improving the conditions in which people live, work, travel and take leisure; and widening the choice of high quality homes. (para9) The NPPF core planning principles are always to seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings, and this is reflected in the development proposals for the Lyndhurst estate, where the replacement of obsolete and poor quality properties with new build homes set within a comprehensive planned neighbourhood with a new park and community facilities. The comprehensive redevelopment of the Order Land as part of the overall planning approval is considered to conform to the principles set out in the NPPF. 7.2.2 Birmingham Unitary Development Plan (2005) BCC 23 The proposals for the Lyndhurst estate were originally developed within the context of the then adopted Unitary Development Plan, which established the approach that the City Council would shift attention towards the replacement rather than the improvement of the poorest housing stock. , During the course of the implementation of the proposals for the area, this planning context for the redevelopment was set by the development of the Core Strategy for Birmingham, in which the Lyndhurst estate was identified as a Housing Regeneration Area and which was adopted in January 2017 as the Birmingham Development Plan. This replaces the Unitary Development Plan with the exception of the Saved Policies contained in chapter 8 and paragraphs 3.14 to 314D (The Design of New Development), which will remain until the adoption of the development management development plan document.

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7.2.3 Birmingham Development Plan (BDP) 2017 onwards (formerly Core Strategy) BCC 39 The Birmingham Development Plan which sets out the City’s spatial vision for growth sets out the statutory planning framework for the growth of Birmingham up to 2031. The BDP was subject of widespread consultation between 2008 and its adoption in January 2017. Having been submitted in July 2014, the plan had been examined during October and November 2014 at which point the Inspector issued Proposed Modifications to the Plan which were made public in July 2015. The key objectives of the plan include developing Birmingham as a city of sustainable neighbourhoods, making provision for a significant increase in the city’s population and creation of a prosperous, successful and enterprising economy with benefits felt by all. The population of the city is predicted to increase by 156,000 by 2031 and the plan sets out a strategy to provide for this rise. This includes providing 45,000 new homes within the urban area, an urban extension at Langley in Sutton Coldfield and close working with neighbouring local authorities towards meeting the City’s housing requirements. The BDP also contains a number of Thematic Policies (TP) which is relevant to the order. Key Policies include the following:

• PG3 sets out criteria for all new development to demonstrate high design quality and contribute to a strong sense of place.

• TP6 deals with management of flood risk and water resources such as site specific flood risk assessments and sustainable drainage assessment.

• TP9 deals with open space – setting out that planning permission will not normally be granted for development of open space, and the circumstances where development would be considered including the loss of an area of a site with inherent design problems to secure significant improvements to the quality and recreational value of the remaining area. It also sets out criteria for the provision of new public open space amongst other things that is good quality, accessible and safe.

• TP27 sets out criteria for the development of Sustainable Neighbourhoods • TP28 outlines the criteria for the location of new housing. • TP29 sets out indicative housing requirement to be delivered within specified time

periods. • TP30 sets out criteria for the type, size and density of new housing • TP31 deals with affordable housing. • TP32 outlines how the regeneration and renewal of existing housing will be

promoted – Lyndhurst is identified as one of six initial priorities. • TP38 deals with sustainable transport network.

There were no modifications made to the plan in respect of the Lyndhurst estate which is identified as an area for housing regeneration at TP32 (Housing Regeneration Priorities), which remained unchanged. Section 10 of the BDP covers implementation issues including working in partnership with other delivery agencies, the private sector and landowners/developers, the use of

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compulsory purchase powers to assist with land assembly and the proactive use of the Council’s land holdings to assist delivery. 7.2.4 Additional Local Policy Documents SPG Places for All BCC22 / SPG Places for Living BCC20 encourage good quality accommodation in attractive environments. These documents contain a series of urban design principles and distance separation standards, with emphasis to assessing context and responding positively to local character. The guidance also sets out policies with respect to creating good public space. SPG Affordable Housing BCC21 - sets out mechanism for securing affordable homes as part of housing development. SPD -The Future of Birmingham’s Park and Open Space (Parks and Open Space Strategy) BCC 24 – aims to provide a positive structure for continuous community consultation, new development and investment. It also sets vision for the future of Birmingham City parks and open spaces SPD Public Open Space in New Residential Development BCC25 – sets out guidance on the requirement of public open space in new developments or off-site monetary contribution, setting out both design criteria and examples of best practice. Playing Pitch Strategy 2011 BCC27 - : The Strategy’s overarching aim is: “To guide the future provision and management of old and new sports pitches in the area in the context of national policy and local sports development criteria” SPD Car Parking Guidelines [BCC28] – sets out guidance on car park standards for new developments. 7.2.5. Other Policy Considerations Affordable Housing Viability Study Report 2010 - BCC26. This was part of supporting documents towards the preparation of the Birmingham Development Plan to cover the period up to 2026. The overarching objective of this study was to provide evidence to facilities the framing of the Council’s affordable housing policy. The Housing Growth Plan (2013) BCC35, is one of the suite of documents that support the Birmingham Development Plan (BDP), and sets out the Council’s ambitions to achieve housing growth in the city over the next 5 years and beyond. In recognition of the impact of the projected population growth figures up to 2031 the Draft BDP forecast of the need for 80,000 new homes from a baseline position in 2011 (increased to 89,000 new homes within Adopted BDP 2017 based on further studies/ Inspectors recommendation), a series of initiatives will be introduced which will proactively drive forward the issue of housing growth up the agenda of all housing providers in the city. The objectives of the plan are to:

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• Ensure that sites identified for housing growth are developed out. Land is the raw material on which development is dependent and creating an adequate land supply will be crucial to ensuring sufficient housing can be built.

• Work closely with the private sector and Housing Associations to make it easier for housing providers to build new homes in the city;

• Directly intervene to provide additional new homes. The Council has a limited but still significant role to play as a developer of new homes in its own right and as the possessor of statutory powers which enable it to intervene to bring empty homes in the private sector back into use.

In order to achieve these objectives within the Housing Growth plan, the Council commits to;

• Identify additional sites within the Council’s ownership that may be suitable for housing development, and

• Creating additional sites through clearance and redevelopment The approved clearance programme of housing within the Lyndhurst estate including the order land, and its subsequent inclusion in the Councils Municipal Housing Trust direct housing development programme demonstrates how the scheme contributes to achieving the Councils housing growth targets. Site Delivery Plan 2013 BCC32 This document sets out that the overall levels of development set out in the Birmingham Development Plan (BDPS) are achievable and that the overall spatial strategy can be realised. It includes information on number of areas identified for housing regeneration, including Lyndhurst Estate, the Bromford Estate, Kings Norton and Druids Heath & Maypole. Housing Prospectus 2015 BCC38 Following on from the Housing Growth Plan the Housing Prospectus 2015 is one of a number of policy initiatives that aim to address the issue of housing growth. The Prospectus acts as a road map for prospective developers by listing all of the key housing development sites in the city providing all the essential information that a developer needs. It included information about the current development led by the Council and its partners and includes Lyndhurst in Erdington. Birmingham Municipal Housing Trust (BMHT) delivery plan 2015-18 BCC13 The Birmingham Municipal Housing Trust (BMHT) delivery plan was agreed by the Council’s Cabinet on 8 December 2014. It sets out the BMHT programme for 2015 – 18 to deliver approximately 2,056 new homes of which approximately 1,456 would be new rented Council homes. 7.3 The Planning Position The Lyndhurst Estate is identified as an area of Housing Regeneration in the Birmingham Development Plan (2017) Ref TP32 [BCC39]. As well as meeting the requirements of the

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planning guidance that guides all new housing development at national regional and local level; the provision of new homes supports the City Councils Housing Growth targets, as well as driving up the quality of the urban neighbourhood. This is reflected in the Outline planning permission (2010/04319/PA) granted on the 21st October 2010, which secured approval to the principles of new development for up to 316 new homes as well as the community and public open space improvements referred to earlier in this report BCC15. The revised masterplan was approved in the amended outline permission (2012/07153/PA) 6th December 2012 BCC16. Both of these plans included the proposals for the order land. There have been two prior approvals in 2013 for reserved matters of the 2012 consent these being application ref: 2013/00204/PA BCC 17 and 2013/02105/PA BCC18, which set out detailed proposals for phase 1A and phase 1B of the redevelopment respectively. These phases of development are now completed. Appendix Photo 2: New homes. On 28th May 2015, a further approval was secured to the reserved matters of the 2012 consent which set out the detailed proposals for phases 2 and 3 of the redevelopment. This approval includes the detailed proposals for the order land. Application ref: 2015/01554/PA BCC19. No formal objections were raised to these applications by local residents within the planning consultation process. Set within the context of the approved planning permission, following several years of consultation, and having the funds to implement the permission, the retention of the order land would prohibit the implementation of these approvals, and the comprehensive regenerative benefits of the proposals for the wider area. Consequently, the redevelopment of the Lyndhurst Estate can be said to comply with the BDP in several areas and specifically in reference to housing growth. Housing Growth is supported in locations in line with relevant policies in reference to the housing trajectory, and is underpinned by the Council’s 2012 Strategic Housing Land Availability Assessment SHLAA, BCC30 (the level of new homes required to be delivered). Policy TP32 specifically identifies the Lyndhurst Estate as a priority area, including the order land. 7.4 Contribution to Economic, Social or Environmental Well Being of the Area (paragraph 76) The redevelopment of the Order Land will improve the economic, social and environmental wellbeing of the area in a number of ways. In the first instance, the redevelopment of the estate enables the diversification of tenures and a range of new homes with differing values and prices. This is significant as the concentration of monotenure Council housing, had previously been identified as resulting in a concentration of low income households within the estate. The introduction of the mixed tenure new homes will aim to support a more sustainable neighbourhood. The comprehensive redevelopment of the area includes the provision of a new park, and within the area of the order land, the provision of a playing pitch and improved sport and play facilities. The improved sport and play facilities will also support and enhance the

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proposed community and family support programmes to be delivered from the Malcolm Locker Centre within the estate. The community hub comprised of the sport, play, and community centre on the site of and adjacent to, the order property will provide services that will extend beyond the immediate neighbourhood, serving the wider Erdington constituency and North of the city. The new park will include play equipment for a range of ages, and enable the preservation of significant number of mature trees, as will the improved public realm, bringing with it the associated environmental and design benefits. . 7.5 Reasonable Prospect that the scheme will proceed Having approved the inclusion of the redevelopment of the Lyndhurst Estate within the Councils housing stock replacement programme at Cabinet on 30th July 2012, BCC9 a Full Business Case for the funding of the redevelopment was approved by Cabinet on 25th March 2013. BCC10. This same report recommended the acceptance of a tender for the building of the first phase of 26 new homes. The acceptance of a tender for the second next phase of 116 new homes and improved public open space was approved on 29th July 2013. BCC12. These phases are now complete, having accommodated 141 households. Subject to the approval of this Compulsory Purchase Order, the order land is to be included within a further existing construction contract to provide 110 new homes and community and play facilities, which will make up phases 2 and 3 of the development. Approval to enter into this contract was approved by the Cabinet of Birmingham City Council on 17th November 2015 BCC14. As set out in the above paragraphs, the Council has made available funding to realise the completed development providing certainty to the prospect of the scheme proceeding. 7.6 Alternative Means (including proposals from owners within the Order Lands) to Achieve the Purpose (paragraph 75) Whilst all other third party owned properties identified in the clearance programme for this area have been secured by voluntarily negotiation since 2007, it has not been possible to reach an agreement with the owner of the order land. Whilst attempts have been made to reach mutually agreed conclusion, the Council does not consider that there is any realistic alternative means of securing the comprehensive redevelopment of the Order Land, and delivery of the comprehensive redevelopment is currently blocked. Retaining the maisonette block cannot be justified because it would prohibit the completion of the comprehensive redevelopment of this key residential development and provision of community facilities to serve the existing and new residents of the immediate and wider area of Erdington It would also mean that the planning permission cannot be implemented or compliance with the conditions attached to the permission. 7.7 Summary In light of the above and particularly paragraphs in Section 6, the Council is satisfied that the Order meets the requirements of the CPO Guidance (2015), as the use of compulsory purchase powers will enable the implementation of a comprehensive redevelopment

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scheme in a timely fashion so as to secure the wider public benefits. For these reasons, there is a compelling case in the public interest and the use of these powers is considered to be both necessary and justifiable in the public interest. 8. Special Considerations The Order land is not within a conservation area and does not contain any ancient monuments, listed buildings or any special category or consecrated land. 8.1 Views of Government Departments Greater Birmingham & Solihull Local Enterprise Partnership (LEP) Prior to inclusion in the Councils direct housing delivery programme; Birmingham Municipal Housing Trust; In 2012 early intervention funding was provided as part of the Local Enterprise Partnership’s Local Growth Fund The contribution provided by the growing places fund was awarded to support the wider scheme objectives by providing the upfront investment required to deal with site conditions and facilitating the relocated public open space. The Homes and Communities Agency. The Lyndhurst estate is identified by the City Council as one of its key development priorities, in seeking funding by the Homes and Communities. The scheme has been supported as part of the 2011- 15 and 2016-18 Affordable Rent Programmes, resulting in £580,000 of grant funding for new housing development to date. The current phases of the redevelopment programme are now benefiting from the Homes and Communities Agency’s additional borrowing programme 2016-2018. 9. Related Applications, Appeals, and Orders etc. There are no related applications, appeals or orders which will affect the implementation of the proposal. Any necessary highway closure/stopping up orders, are being progressed as necessary pursuant to the implementation of the approved planning permissions. 10. Human Rights Section 6 of the Human Rights Act 1998 prohibits public authorities from acting in a way, which is incompatible with the Convention on Human Rights. The main articles of the Convention which are of importance in making a CPO are Article 8 – the right to respect for private and family life and his/her home and Article 1 of the First Protocol – the protection of property. The approach to be taken to give effect to rights under the Convention is reflected in paragraph 12 of the CPO Guidance (October 2015) which states that:- ““Acquiring Authorities…should be sure that the purpose for which the CPO is made justify interfering with the human rights of those with an interest in the land affected”

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The European Court of Human Rights has recognised in the context of Article 1 of the First Protocol that “regard must be had to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole”, i.e. compulsory purchase must be proportionate. Both public and private interests are to be taken into account in the exercise of the Council’s powers. Similarly, any interference with Article 8 rights must be “necessary in a democratic society” i.e. proportionate. In pursuing the CPO, the Council has to carefully consider the balance to be struck between individual rights and the wider public interest having regard also to the availability of compensation for compulsory purchase under compulsory purchase legislation. Article 8(1) provides that everyone has the right to respect for his/her property but Article 8(2) allows the State to restrict the rights to respect for the property to the extent necessary in a democratic society and for certain listed public interest purposes e.g. public safety, economic well-being, protection of health and protection of the rights of others. In considering Article 8 rights in the context of the CPO it is necessary to consider the following questions: (a) Does a right protected by this Article apply? (b) Has an interference with that right taken place or will take place as a result of the

CPO being made? It is clear that Article 8 does apply and therefore it is necessary for the Council to consider the possible justifications for the interference (Article 8(2)) as follows: (a) Is the interference in accordance with law? – The Council considers that there is a

clear legal basis for making the CPO under section 226(1) (a) of the 1990 Act, as set out in the contents of this statement.

(b) Does the interference pursue a legitimate aim? - The CPO is considered to be necessary to facilitate the redevelopment of the Order Land in accordance with the approved planning permission 2012/07153/PA BCC13 and 2015/01554/PA, BCC16, and to enable the delivery of the Councils plan to provide 316 new homes by 2020 and improved community facilities within the context of the supporting planning framework

(c) Is the interference necessary in a democratic society, i.e. is it proportionate? - This requires a balanced judgement to be made between the public interest and the rights of individuals. The CPO is considered to be both necessary and proportionate in that the land to be acquired is essential to achieve the objectives of redevelopment of the Order Land, and the redevelopment of the wider area.

The second relevant Convention Right is the right to the undisturbed enjoyment of possessions in Article 1 of the First Protocol, which provides that:

(a) every natural or legal person is entitled to the peaceful enjoyment of his possessions

(b) No one shall be deprived of those possessions except in the public interest and subject to the conditions provided for by law. The conditions provided by

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law are set out in s. 226 of the 1990 Act and the compulsory purchase legislation.

Any decision to deprive a person of possessions (which includes land) must strike a fair balance between the public interest and the private rights which are being taken. In the case of both of these Articles (and indeed other provisions in the Convention) the Council has been conscious of the need to strike a balance between the rights of the individual and the interests of the public. In the light of the significant public benefit that would arise from the implementation of the proposed redevelopment the Council has concluded that it would be appropriate to make the CPO. It does not regard that the Order as constituting an unlawful interference with individual property rights.

Interference with Convention rights is considered by the Council to be justified. The Council in making this Order has had particular regard to meeting the alternative housing needs of the affected households, and the rights of individuals to compensation in accordance with the Land Compensation Act 1973 (as amended.) and the Land Compensation Act 1961 and Compulsory Purchase act 1965 is considered to be both necessary and proportionate in that the land to be acquired is the minimum to achieve this Scheme’s objectives Article 6 also requires that those whose civil rights may be affected by a decision are given a fair hearing by an independent and impartial tribunal. This is secured by means of the CPO process, including the holding of an inquiry into any objections which may be made, and the ability to challenge any CPO confirmation decision in the High Court. The opportunity has been given to landowners to make representations regarding the Council planning policies that underpin the proposed CPO, and the subsequent planning permissions, as granted in 2010, 2012 and 2015.

Objections may be made to the making of the CPO, and further representations can be made in the event of any Public Local Inquiry that the Secretary of State may decide to hold in connection with the CPO. Those directly affected by the CPO will be entitled to compensation under the compensation legislation, equivalent to the loss that they incur as a result of the acquisition. 11. Equalities Paragraph 6 of the October 2015 CPO Guidance provides that “…acquiring authorities are bound by the Public Sector Equality Duty as set out in Section 149 of the Equality Act 2010. In exercising their compulsory purchase and related powers…acquiring authorities must have regard to the effect of any differential impacts on groups with protected characteristics.” An Equalities Assessment (EA) was carried out as part of the full business case of the redevelopment of the area, in the Cabinet approval of 25th March 2013 BCC 10, together with a consideration of the impact of the use of CPO powers in the BCC Cabinet report of 23rd April 2013 BCC11.

Within the assessment undertaken in 2013, it was identified that development land is often created by long term decisions to demolish property that is not sustainable in the long term.

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Properties within these estates as was the case at the Lyndhurst are normally concentrated in areas in decline, suffering the greatest range of deprivation indicators, poor environment, high population turnover and most vulnerable to breakdowns in social cohesion and individual exclusion. The redevelopment of these areas provides new homes and an improved environment is created. Such is the case in the redevelopment of the Lyndhurst estate, where the diversification of tenure new homes provides a balanced community and range of housing options. Improved community facilities also support the sustainability of the community, and thus bring about significant positive benefits for the residents of the area. Balancing the potential negative equality effects against the positive equality effects and taking into account the proposed on-going mitigation in the equality assessment, the Council considers that making the CPO to enable comprehensive redevelopment is justified and that there is no illegal discrimination. The positive benefits are considered to outweigh any negative effects. For the resident leaseholder affected by the CPO continued advice and assistance is in place to ensure that the householder is supported in respect of the acquisition of their property and any subsequent rehousing as a result of the CPO being granted. Should there be a need for a Public Inquiry, when choosing a venue the Council will have regard to any disabilities and will consider what other steps it can take in respect of eliminating/minimising discrimination for those with protected characteristics. The Council considers that it will need to continually review and work to improve the process that applies to CPO in order to try to eliminate or minimise discrimination for those involved. The Council has considered the effect of the above articles of the Human Rights Act and decided that on balance it is in the interest of the community to make the CPO over and above the interest of the individuals affected. Interference with Convention rights is considered by the Council to be justified for the reasons set out in this Statement of Reasons. The Council in making this order also had particular regard to the rights of the individuals to compensation. 12. Rehousing The Council will secure the re-housing of anyone who is displaced by the acquisition of the Order lands that was legally occupying residential accommodation when notice of making the Compulsory Purchase Order was published; and does not have suitable alternative accommodation available.

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13. Contacts for further Information The following officers of Birmingham City Council can be contacted for further information: General enquiries about the development proposals: Julia Martin Housing Development and Regeneration, Birmingham City Council PO Box 28 B1 1TR Telephone 0121 675 54091 Email [email protected] General enquiries about Planning and the Compulsory Purchase Order: Mohammed Akram Development Planning and Regeneration 1 Lancaster Circus Queensway Birmingham B1 1TR Telephone 0121 6750503 Email [email protected] Enquiries about compensation and valuation issues: Barry Mc Partland Birmingham Property Services Birmingham City Council PO Box 16255 B2 2WT Telephone: 0121 303 3469 Email: [email protected] Enquiries about legal issues: Linda Brown Legal & Governance Department Birmingham City Council P. O. Box 15992 Birmingham B2 2UQ Telephone: Tel 0121 303 3612 Email: [email protected]

mailto:[email protected]

mailto:[email protected]

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Enquiries about rehousing issues Colette McCann Housing Birmingham City Council P.O. Box Birmingham B1 1TR Tel 0121 675 3521 Email [email protected] 14. Further Advice and Assistance Those who own land within the CPO, as well as those served with Notice of CPO by reason of a Table 2 interest, may wish to appoint a solicitor or a surveyor to help understand how the CPO affects you and/or agree your compensation entitlement. It is recommended any solicitor or surveyor appointed has experience of compulsory purchase. The Council will pay reasonable surveyor/legal fees relating to the acquisition of property of those affected. Appropriate surveyors can be found at http://www.rics.org/uk/ http://www.ricsfirms.com/ Or suitable solicitors firms can be found at https://www.lawsociety.org.uk/ http://solicitors.lawsociety.org.uk/ 15. Inspection of Order Documents and Plans Copies of the Compulsory Purchase Order, plans and related documents can be inspected at the following offices during normal opening hours: Birmingham City Council Department of Planning and Regeneration 1 Lancaster Circus Queensway Birmingham B4 7DJ Telephone 0121 303 4903 At the following times: Monday – Thursday 08.45 am – 05.15 pm Friday – 08.45 am – 04.15 pm The documents can also be found online at: www.birmingham.gov.uk/rowdendrivecpo

http://www.rics.org/uk/

http://www.ricsfirms.com/

https://www.lawsociety.org.uk/

http://solicitors.lawsociety.org.uk/

http://www.birmingham.gov.uk/rowdendrivecpo

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Erdington Library Orphanage Road, Birmingham B24 9HP · Tel 0121 464 0798 Monday: 9am to 1pm, 2pm to 5pm

Tuesday: 9am to 1pm, 2pm to 5pm

Wednesday: Closed

Thursday: 10am to 1pm, 2pm to 6pm

Friday: 9am to 1pm, 2pm to 5pm

Saturday: 9am to 1pm, 2pm to 5pm

Sunday: Closed 16. Inquiries Procedure Rules This Statement of Reasons is not intended to be a Statement of Case in accordance with the Compulsory Purchase (Inquiries Procedure) Rules 2007, but a list of documents which may be referred to at an Inquiry is set out below. The Council reserves the right to introduce such other additional documents as may be relevant to any public inquiry and any statutory third parties of any such documents as soon as possible prior to the opening of such public inquiry.

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17. Background Documents

BCC1

Birmingham City Council (Rowden Drive Erdington) Compulsory Purchase Order 2017

BCC2

Plan accompanying the Compulsory Purchase Order

BBC3

Statement of Reasons

Birmingham City Council Approvals

BCC4

Report to Cabinet : Regeneration of the Lyndhurst Estate, Erdington

3rd November 2003

BCC5

Report to Cabinet :The Lyndhurst Estate (use of housing CPO Powers):

24th September 2007

BCC6

Report to Cabinet: Amendment Sheet for Regeneration Lyndhurst Estate.

24th September 2007

BCC7

Report to Cabinet: Acquisition of interests and compulsory purchase order to secure the comprehensive redevelopment of the Lyndhurst Estate. 21st October 2008

BCC8

Report to Cabinet: Housing Stock Replacement Programme 2012-2022

16th April 2012

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BCC9

Report to Cabinet: Lyndhurst Regeneration (Public) 30th July 2012

BCC10

Report to Cabinet : Delivering additional housing Growth through the Birmingham Municipal housing Trust (BMHT): Approval to Full Business Case – Affordable Rent Programme and Stock Replacement Programme

25th March 2013

BCC11

Report to Cabinet: Various Property Matters- Housing a) CPO’s; B) Demolitions; C) Highway Matters. 22nd April 2013

BCC 12

Report : Additional Housing Growth through BMHT –Contract award for developments at Monument road; Burchfield Road and Lyndhurst Phase 1b

29th July 2013

BCC13

Report to Cabinet : Birmingham Municipal Housing Trust Delivery Plan 2015-18 8th December 2014

BCC14

Report to Cabinet: Keeping Birmingham Building: Birmingham Municipal Housing Trust (BMHT) Abbey Fields, Erdington Phases 2, 3- Full Business Case and Contract Award. 17th November 2015

Planning Approval Documents

BCC 15

Outline Planning Approval :Decision document

Application number : 2010/04319/PA

BCC 16

Revised Outline Planning Approval Decision document


AB / ACT / 121757 / 05480444

BCC17

Reserved matters approval Phase 1a: Decision document.

Application number 2013/00204/PA

BCC 18

Reserved Matters approval Phases 1B: Decision document


BCC19

Reserved Matters approval Phases 2,3 : Decision document


Planning and Strategy Documents

BCC20

Places for Living (March 2001)

BCC21

SPG Affordable Housing Policy (Sept 2001)

BCC22

Places for All (November 2001)

BCC23

The Birmingham Unitary Development Plan 2005

BCC24

Local Development Plan - The Future of Birmingham’s Parks and Open Spaces: Supplementary Planning Document : (November 2006)

BCC25

Local Development plan - Public open space in new residential development Supplementary Planning Document July 2007

AB / ACT / 121757 / 05480444

BCC26

Affordable Housing Viability Study 2010

BCC27

Playing Pitch Strategy Final Report(revised) November 2011

BCC28

SPD Car Parking Feb 2012

BCC29

National Planning Policy Framework DCLG 2012

BCC30

Strategic Housing Land Availability Assessment 2012

BCC31

Strategic Housing Market Assessment 2012

BCC32

Site Delivery Plan 2013

BCC33

Strategic Housing Market Assessment Report 2013

BCC34

Strategic Housing Market Assessment 2013 Housing Targets 2011 to 2031 Technical Paper Housing Targets 2011-31

BCC35

A Housing Growth Plan for Birmingham: October 2013

BCC36

Strategic Housing Land Availability Assessment 5 Year Land Supply 2015 to 2020

BCC37

Strategic Housing Land Availability Assessment Report 2015

BCC38

Housing Prospectus 2015

AB / ACT / 121757 / 05480444

BCC39

Birmingham Development Plan 2031 (Part of Birmingham’s Local Plan Planning for sustainable growth ) Adopted January 2017

Plans

BCC40

Plan 1- CPO authority outline plan

BCC41

Plan 2 - Outline Planning Approval 2012 – Revised Masterplan BCC 16

BCC42

Plan 3 - Reserved matters approved plan phases 2 and 3 BCC 19

BCC43

Plan 4 - BDP Proposals Plan

Photographs

BCC44

Photo 1 - Pre Existing Archetypes – prior to clearance

BCC45

Photo 2 - Completed New homes- Phase 1a and 1b

BCC46

Photo 3 - Order land – Rowden Drive

BCC47

Photo 4 - Locality - Rear of 124 and 126 Rowden Drive

AB / ACT / 121757 / 05480444

Correspondence

BCC48

Correspondence 1 - Initial clearance approval letter

BCC49

Correspondence 2 - Most recent correspondence

BCC50

Correspondence 3 - Equity share offer letter