Decision details

To consider proposed actions in relation to land at Rigby Road, known as the Foxhall Village development, and to include taking control of leasehold land within the development to provide for the vesting of the current tenant's estate back to the Council and the determination of the term of the leases and the termination of the original development agreement and entry into an exclusive arrangement with Great Places Housing Association to enable the investigation of development options to support the re-commencement of the stalled phase 3 of the development.

To authorise the acceptance of the surrender of various leasehold interests in land at Rigby Road (forming part of the Foxhall Village development) and expenditure to secure and make the site safe, and the determination and entry into various enabling legal agreements, including entry into an exclusive arrangement with Great Places Housing Association for a period of up to 9 months in respect of the stalled phase 3, the detail of all of which is to be delegated to the Head of Legal Services as set out at paragraph 5.19.

Namely: 

1.     The Council accepts surrender of the all of the land demised to of Hollinwood Homes Limited and enters into a formal surrender agreement with of Hollinwood Homes Limited (in administration) to that effect;

2. The Council terminates (effectively cancels) the development agreement between the Council and Hollinwood Homes Limited and then;
3. The Council enters into an agreement with Great Places Housing Association in which;

·       the Council agrees not to dispose of the Phase 3 site to any third party for a period of 9 months (or longer if subsequently agreed by both parties);

·       both parties agree to work with each other to investigate options and develop potential solutions for the continued delivery of new homes on the phase 3 site;

·       the Council, as landowner, will facilitate any discussions with the statutory authorities with respect to an emerging scheme for the site;

·       the Council takes action to secure and maintain security of the site, for which;

·       Great Places Housing Association will contribute 50% of one-off improvements and ongoing security monitoring (with a mechanism allowing for additional contributions by agreement);

4.     Great Places Housing Association will terminate its development agreement with Hollinwood Homes Limited and surrender its  current underlease for the site (in the event of a deal being agreed);

5. The Council having accepted the surrender of the head leases with Hollinwood Homes Limited, grants Great Places Housing Association a new building lease for the construction of the 40 new homes on the site (in line with its previous interest). This has the effect of cleansing the title to the Phase 3 site and making Great Places Housing Association the immediate tenant of the Council, to enable the development to progress.