the london borough of hounslow (hounslow high …€¦ · of the car park (rotunda area); (iii) an...

22 March 2016LGL/RYP/063524.00004/42355168.06 Page 1

THE LONDON BOROUGH OF HOUNSLOW (HOUNSLOW HIGH STREET

QUARTER) COMPULSORY PURCHASE ORDER 2015

THE LONDON BOROUGH OF HOUNSLOW

RESPONSE TO WRITTEN REPRESENTATIONS BY LEGAL AND GENERAL

ASSURANCE SOCIETY LIMITED

22 March 2016


1 BACKGROUND

1.1 The Acquiring Authority responds below to the points raised in the written representation

submitted by Montagu Evans on behalf of Legal and General Assurance Society Limited

(L&G / the Fund) on 16 March 2016.

1.2 The London Borough of Hounslow (Hounslow High Street Quarter) Compulsory Purchase

Order 2015 (the Order) will, if confirmed, authorise the acquisition of plots 14, 15, 16, 17, 19,

20 and 22 in the Order Map. These plots are currently in the ownership of L&G.

1.3 These plots of land are essential to the delivery of the Hounslow High Street Quarter. A brief

description of the plots and their requirement for the delivery of the scheme is provided below:

(i) Plot 14 comprises the Blenheim Centre Resident’s Car Park which is located

in the north-west corner of the Alexandra Road and Holloway Street Car

Parks. Plot 17 adjoins the car park and forms part of a footpath within the

Alexandra Road and Holloway Street Car Parks. Upon these two plots of land

will sit parts of Block A and B of the consented development.

(ii) Plots 15, 16, and 19 relate to an area of the Blenheim Centre basement car

park and the surface of the road and pavement above. This area of the

basement was originally formed to create a link-way between the Blenheim

Centre phase 1 and phase 2 car parks, but with Phase 2 not progressed, this

area is occupied by car parking spaces. This area of land is required to allow

the construction of Block B.

(iii) Plots 20 and 22 form parts of Prince Regent Road and Matisse Road and an

area of pavement on the north side of Prince Regent Road. The portion of the

roads that are in L&G’s ownership are private. Uninterrupted access is

required over these roads to allow access to the basement car park and

service yard to be constructed. The acquisition of these plots will allow the

Council and the Developer to undertake the necessary works to bring the

roads to an adoptable standard and then dedicate and adopt the roads and

associated pavement as a public highway. The acquisition of the pavement

area within plot 20 is to allow continuity of public access around the site both

during construction and on completion of the development.

1.4 The purchase of these plots of land is fundamental to the scheme proceeding. They each

form an essential aspect of the overall Scheme and is the basis on which the planning

permission was granted and units within the scheme have been pre-let.

2 L&G’S WRITTEN REPRESENTATION

2.1 L&G's Written Representations state that:

‘the affected areas where the Fund has concerns over the extent of the proposed acquisition

of its title are shown delineated and edged as blue, and in part crosshatched blue.1’

1 Paragraph 3.1


The appended plan show that affected areas are all within plot 20 and relate to:

(i) the pavement area on the north side of Prince Regent Road extending across

the width of the Blenheim Centre (pavement area);

(ii) a small section of land that sits within part of the rotunda of the Blenheim

Centre. This rotunda provides access from street level to the basement level

of the car park (rotunda area);

(iii) an area of land to the north of the pumping house which is situated to the

south of Prince Regent Road and to the north-east of the Delivery Office

(pumping house area);

(iv) a pedestrian crossing located at the western end of Prince Regent Road, to

the north of the roundabout linking Prince Regent Road and Alexandra Road

(pedestrian crossing area);

(v) an area of road that is located to the east of the Blenheim Centre, sitting

immediately south of the access to the Blenheim Centre’s basement car

(eastern access) and service yard (entrance way road area)

(b) "Plot 19 also delineates an area of basement beneath the existing road constructed

as part of the Blenheim Centre development to create a link-way through to a

subsequent phase of development. The link road is no longer required and it is

accepted by the Fund that the area of basement can be acquired and the link road

effectively blocked up by installation of a retaining wall which the developer is

intending to construct" 2;

(c) “The fund is agreeable to part of Prince Regent Road outside of the area edged blue

being acquired and dedicated to the Council as Highways Authority3” but in respect of

the Pavement Area, the fund seeks a formal assurance that of the basement area

beyond that which is need for the construction of the basement wall within plot 19 will

be excluded from the acquisition. “The Fund requests that the Order is not confirmed

until such an assurance is provided4” ;

(d) The acquisition of the Pavement Area will “create a break in what is currently a clean

continuous title. This will have an adverse impact on any subsequent disposal of the

investment and the underlying asset value. As such, the fund must retain ownership

of this area of land but is willing to commit to entering into a legal mechanism which

will guarantee the land in question can be brought up to an adoptable standard and

subsequently adopted by the Council5”.

(e) In respect of the rotunda area, pumping house area, pedestrian crossing area and

entrance way road area “the Council nor the developer has provided a specific

explanation for acquiring these areas of land and consequently the Fund see no

reason as why these cannot be retained and effectively excluded from the

2 Paragraph 3.2

3 Paragraph 3.3

4 Paragraph 3.3

5 Paragraph 3.4


Order…Accordingly the Order should not be confirmed until the Council provides an

assurance that title over these areas will not be acquired6.

2.2 The Acquiring Authority's response to these statements is below.

3 ACQUIRING AUTHORITY'S RESPONSE

3.1 Pavement Area (para 3.2, 3.3 and 3.4)

3.1.1 The drawing titled ‘Highways Areas for Adoption under Section 38 Agreement’ which is

provided in Appendix 1 shows the areas of land proposed to be adopted by the Council as

Local Highways Authority. The yellow area shows the area of footway proposed to be

adopted and the pink the extent of the carriageway. The drawing also shows the extent that

the basement extends under the pavement area in the form of a dashed line. A plan of the

basement area is provided in Appendix 2.

3.1.2 The Council has been seeking the adoption of the road and pavement area since the

Blenheim Centre was constructed in 2006 but to date no agreement has been reached. This

is principally on account of the works required to put the road into an adoptable standard not

being undertaken. There are also works required to the pavement area in respect of the

lighting in order to bring it to an adoptable standard.

3.1.3 The acquisition of the Pavement Area of land is required to allow continuity of public access

around the new development, both during the construction period and following completion.

As explained in the proof of evidence of Ms Marilyn Smith and Mr Chris Wieszczycki, a key

aspect of the scheme is to successfully integrate the existing Town Centre, the High Street

Quarter and the Blenheim Centre. An offer has been extended to L&G that this area of land

would not be acquired under the CPO if the s.38 agreement for the adoption of the pavement

area was completed before 30th September 2016 but this was not accepted and a timescale

has yet to be agreed. Consequently, inclusion of the Pavement Area in the Order is required

to ensure that the pavement is brought to an adoptable standard and adopted.

3.1.4 Furthermore, in order for the Council to adopt the carriageway of Prince Regent Road the

road will need adequate street lighting which is also publically maintained. The lighting

columns are located within the Pavement Area and therefore the Council would need this

area to be acquired to allow for the adoption of the road.

3.1.5 The Acquiring Authority confirms that it will not acquire any part of the basement area save as

to that contained in plots 15, 16, 187 and 19 and will provide L&G an assurance confirming

the same.

3.1.6 Whilst a matter of compensation, the acquisition and adoption of the pavement area

(excluding any basement falling under these areas save as to the aforementioned plots) will

not have an adverse impact on the subsequent disposal of the asset or its value. Once the

pavement area is adopted as public highway, whether the strata of land underneath the

pavement area is within the ownership of L&G or the Council will be immaterial to any

valuation.

6 Paragraph 3.5

7 Plot 18 is in the ownership of the Council but forms part of the basement car park.


3.2 Rotunda Area and Pumping House Area (para 3.5)

3.2.1 The Acquiring Authority is happy to exclude the Rotunda Area and Pumping House Area from

the Order Lands and an updated Order Plan and Schedule will be provided to the Inspector

reflecting these amendments.

3.3 Pedestrian Crossing Area (para 3.5)

3.3.1 The Pedestrian Crossing Area sits immediately south of the entrance to the Blenheim Centre

basement car park for which access is controlled by barriers. The area of land is the

pedestrian crossing point between the footpath of Alexandra Road and the proposed public

footway (following acquisition and adoption) on the north side of Prince Regent Road. This

land is required in order to create a continuous route of public access around the site and

between the two areas of public adopted footway. It therefore cannot be excluded from the

Order.

3.3.2 Following acquisition the area of land will be brought to an adoptable standard and adopted

as a public highway. As public highway, L&G, its tenants and the public will be able to

continue to access the car park by passing over the land and the Council can ensure that the

crossing is maintained to minimum highway standards. In any intervening period between

acquisition and adoption, rights will be granted to L&G to ensure they enjoy the same

provision of access as currently enjoyed. Deeds outlining these rights have been provided to

L&G.

3.4 Entrance Way Road Area (para 3.5)

3.4.1 The Entrance Way Road Area sits immediately south of the eastern entrance/exit ramp to the

Blenheim Centre basement car park and the Centre’s service yard. The area of land which is

part of the road that forms the roundabout junction between Prince Regent Road and the

service yard/car park access is included in the Order so it can be acquired by the Council,

brought to an adoptable standard and then adopted as a public highway. It is not appropriate

for only part of the circulating road that forms the roundabout to be public adopted highway.

The whole of the circulating carriageway must be adopted to ensure that vehicles can access

the car park and servicing areas of the consented development.

3.4.2 The proposed exclusion of the area of land to that sits to the north of the roundabout junction

and to the south of the entrance/exits to the Car Park and service yard is not possible. It is

required in order for a public crossing point to be created between the two areas of public

footpath on either side of the road in the event that L&G do not agree to the adoption of other

areas of footpath that fall outside of the Order Lands (as shown on the drawing in Appendix

1).

3.4.3 The full extent of the Entrance Way Road Area is required in order to create a continuous

route of public access around the site and between the two areas of public adopted footway.

This footpath will provide one of the principal pedestrian routes from the development to

Hounslow East Underground Station.

3.4.4 Following acquisition the area of land will be brought to an adoptable standard and adopted

as a public highway. As public highway, L&G, its tenants and the public will be able to

continue to access the car park and service yard over the land. In any intervening period

following between acquisition and adoption, rights will be granted to L&G to ensure they enjoy

the same provision of access as currently enjoyed. Deeds outlining these rights have been

provided to L&G.


4 CONCLUSION

4.1 The London Borough of Hounslow and BDW Trading Limited will continue to negotiate with

L&G to reach agreement for the necessary transfer of land required to bring forward the

scheme and will also document that no part of the basement outside of plots 15, 16, 18 and

19 will be acquired (as per the assurance stated above).

4.2 If L&G is willing to enter into an adoption agreement that will see the necessary parts of the

Pavement Area become public highway in a reasonable timescale then the option of L&G

retaining the ownership of this land is a possibility. However, the Acquiring Authority cannot

be reliant on an agreement being reached given the fact that it has not been possible to do so

since 2006 (including the 9 months since the Order was made). In order to provide certainty

that the necessary public connections around the site are created and maintained, it is

essential that the Council is able to acquire the land to bring the pavement and road areas to

the required standard to allow their adoption as public highway as part of the comprehensive

redevelopment of the Order Lands to deliver the High Street Quarter scheme.


Appendix 1: Proposed Section 38 Agreement Drawing


Appendix 2: Plan of Blenheim Centre Basement Car Park

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Rev.

Appd:Drn: First Issued:Des: Chkd: Scale:Job No:

I:\3642X_Hounslow Town Centre\36421\CAD\36421-100-Rev B.dwg

Newcombe House

45 Notting Hill Gate

London

W11 3PB

T 020 7309 7000

F 020 7309 0906

www.cbuchanan.co.uk

Des.DateRev Amendment Drn.

Client

Job Title

Drawing Title

Drg No:

BLENHEIM INVESTMENTS

HOUNSLOW TOWN CENTRE

Lane Markings

DJR DJR GM GM 36421 11/06 NOT TO SCALE

36421/OT/100 B

NOTE: ALL ARROWS TO BE 4 METRES LONG

GM04/07A Route modified & gantry signs added DB

GM04/07B Additional signs DB

http://www.cbuchanan.co.uk

the london borough of hounslow (hounslow high …€¦ · of the car park (rotunda area); (iii) an...

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