Wednesday December 4th. Agenda Item No:10
|
THE LONDON BOROUGH OF CAMDEN |
WARDS: Belsize Camden Town
with Primrose Hill Cantelowes Fortune Green Gospel Oak Kentish Town KilburnSwiss Cottage West Hampstead |
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REPORT
TITLE: DEVELOPING A STRATEGY FOR THE
REMAINING CAMDEN OWNED SHORT LIFE PROPERTIES WITH WEST HAMPSTEAD HOUSING
ASSOCIATION (HO/2002/62) |
|
REPORT OF: Director of Housing
FOR SUBMISSION TO: Executive DATE: 4
Dec 2002
SUMMARY OF REPORT:
This report
follows up on the decisions taken at Executive on 7 August 2002 to investigate
the options of a transfer of the stock to PCHA
and the setting up of a Housing Co-operative. The report is coming to the Executive as it seeks a decision on
the proposed disposal of Council property.
Residents have
now set up a body to represent them: Camden Residents in Short Life
Housing(CRISH). PCHA(Paddington Churches Housing Association, part of Genesis)
and CDS (the Co-operative Development Society) have each made bids to the
Housing Corporation for Social Housing Grant to buy and refurbish properties
for the 30 or so residents households who are eligible for permanent rehousing.
The report
recommends that the Council support the CDS bid if it is possible to obtain
Housing Corporation funding for CDS, and the PCHA bid if it is not; agree the
principle of disposal of some properties to CDS or PCHA and make decisions on
sales and funding based on a further report which will be issued once Housing
Corporation allocations are known and any valuation issues have been resolved.
RECOMMENDATIONS:
1.
That
(a) a
decision is taken to discuss with the
Housing Corporation which is the most viable of the bids from CDS and PCHA
, accepting that both will need further detailed work and that the PCHA bid
will need to be reduced to exclude the most expensive properties.
(b) If the HC agrees to fund CDS, to support
the bid from CDS for £3.97m of Social Housing Grant to redevelop and
refurbish the properties to provide 99
bedspaces in 28 homes (flats and houses) for management and possible future
ownership by a co-operative whose initial members would be residents of the
WHHA short life homes who are eligible for permanent rehousing. If the Housing
Corporation will not fund at this level the Executive is asked to indicate if
it would consider discounting the value to a level that the Housing Corporation
can agree to fund (subject to consent of the Secretary of State and further
report on details to the Executive).
(c) If
the Housing Corporation will not fund CDS, to work with PCHA and CRISH to develop
a viable scheme based initially on rehousing existing long term residents.
(d) that officers in
consultation with CRISH – representing eligible households – and CDS or PCHA, finalise the details of which
properties in Annex 1 are to be transferred
for development for the rehousing of the eligible households
(e) that the Council carry
out an options appraisal of alternatives
for the remaining properties after
the eligible households have been rehoused within the scheme. This would
include as an option that the Council considers open market sale to benefit
from the proposal that 100% of receipts can be recycled in housing properties,
as well as one to support future bids
by CDS, or PCHA for Social Housing
Grant to develop additional homes to meet priority housing needs.
2.
And that subject to
·
There being SHG available from the Housing Corporation
·
Agreeing values and a decision on whether discounts can be
considered
·
A further report to Executive on these matters
That it is agreed in principle
2.1 that some of
the transferred properties at Annex 1 will be sold to CDS or PCHA at prices agreed by the Head of Property
Services for the development of homes for the rehousing of the eligible
households, subject to detailed proposals being agreed by the Executive
2.2 to agree to
consider disposal at a discount if this is required to secure Housing
Corporation funding, and subject to further detailed analysis of the benefits
to the Council to be submitted to the Executive for consideration
Local Government Act 1972 – Access to Information
Report to the Executive 7th August 2002 on “Future options for WHHA short life
properties”.
Contact Officer:
Janet Sutherland
Head of Housing Partnerships
Room 413, Bidborough House
20 Mabledon Place WC1
E mail: janet.Sutherland@camden.gov.uk
Telephone no:
020 7974 5524
Signed by Director/Assistant Director:
.......................…………………………
Date:
.......................…………………………
At the Executive meeting on 7th August 2002 it was agreed
that :
“1…..officers
should further explore the two options outlined:
a) undertake negotiations with
Genesis (Paddington Churches Housing Association) to establish whether
satisfactory heads of terms can be agreed for disposal of the remaining WHHA
short life properties to them, and to secure Housing Corporation funding. If it
is not possible to reach a satisfactory agreement, then alternative options
will be explored and reported to the Executive.
b) explore
further the options of forming a Housing Co-operative of existing short life
residents and to report back to Executive on the potential viability of this
route by November 2002
2) to request
the Council to rescind the Council resolution of 28 10 98 regarding rehousing
of short life residents which is quoted in para 3.1 and to reinstate the original Short Life Strategy objective of
accepting that to obtain a viable scheme long term residents will be rehoused
back into the scheme where possible, but
cannot expect to return to their existing home. In some individual
cases, to achieve a viable scheme, rehousing out of the scheme will be
required.”
This report relates to item 1 (a) and (b).
2 Developing the
options
2.1 Following the meeting officers approached
Genesis (the group of which Paddington Churches Housing Association (PCHA)
and West Hampstead HA ( WHHA - now
called Pathmeads) are members. Negotiations with Genesis led to a bid for
Social Housing Grant (SHG) being made to the Housing Corporation by the
deadline of 8th November for all the properties in Annex 1.
2.2
Officers also approached CDS (the Co-operative
Development Society) as CDS have
extensive experience of setting up co-operatives using Social Housing Grant
(SHG) and private finance. CDS have also met with residents and they have
advised officers that they consider that a co-operative could be set up based
on the eligible residents and some of these properties.
2.3
Discussions with Genesis also continued around the
financial state of WHHA and WHHA’s strong desire to end the current
arrangements on these short life properties.
2.4
Informal meetings were also held with some residents.
Residents have now set up Camden Residents in Shortlife Housing (CRISH) to represent them in negotiations with the
Council and WHHA. It seems that most WHHA short life residents who are eligible
for permanent rehousing under the Council’s earlier decisions (‘eligible
residents’) are members, and that there are also members of CRISH who do not
fall within the Council’s policies for such eligibility or who have already
been housed permanently.
2.5
Property Services have now reported on their view of values
on the basis of the information available to them and this has been given to
PCHA and CDS on a without prejudice
basis so that they can make judgements as to the financial viability of the
property. Some properties have high values which would make them difficult for
an RSL to buy for development because of the rules about costs for Social
Housing Grant funded homes. These preliminary valuations were used as the basis
of the bids by CDS and PCHA and for the figures in this report.
2.6
Discussions with PCHA and WHHA staff have led to the view
that about 30 of the households are eligible under the Council’s policy based
on its earlier decisions for permanent rehousing. Discussions are continuing
with WHHA on this. It appears that these households (who are mostly living in
and around Lithos Road (off the
Finchley Road) and near Kilburn Station) would be eligible for the following
homes:
·
22 I bedroom
·
7 2 bedroom
·
1 4 bedroom
3.
152 –
158 Mill Lane (evens)
Four houses in
Mill Lane are held under Education powers and that these cannot be released, as
they need to be held for a potential future school extension. Further
discussions are taking place with those residents and WHHA to see what is the
most practical way forward for these houses and residents. If possible they
should remain in ongoing short life use. It may be that CDS or PCHA could take
them on a short life lease and seek Temporary Social Housing Grant from the
Housing Corporation to carry out repairs.
4.
Bids
to the Housing Corporation
4.1 CDS and PCHA have now made bids to the
Housing Corporation for Social Housing
Grant (SHG). These bids had to be submitted by 8th November. The
Council’s officers are meeting with the Housing Corporation on 6th December alone and on the 10th
December for a sub regional meeting with representatives of the other boroughs to discuss how the Housing
Corporation should allocate its Social Housing Grant in the sub region in 2003-4. These bids are summarised below;
|
|
CDS |
PCHA |
||
|
|
Rehabilitation |
New build |
Total |
Rehabilitation |
|
Total Costs |
2,383,026 |
3,003,083 |
5,386,109 |
11,114,041 |
|
SHG sought |
1,974,552 |
1,997,667 |
3,972,219 |
8,745,842 |
|
SHG as % of
total cost |
83% |
67% |
74% |
79% |
|
Properties in
the bid |
5 |
2 |
7 |
23 |
|
Homes to be
provided |
10 |
18 |
28 |
52 |
|
Bedspaces to be
provided |
39 |
60 |
99 |
197 |
|
|
|
|
average |
|
|
SHG per bedspace
|
50,630 |
33,294 |
40,123 |
44,395 |
4.2 CDS have only bid for the less
expensive properties and on current understandings there would need to be a
further bid for SHG in 2003 to rehouse all eligible residents. The viability of
the co-operative would be enhanced by 10 – 20 additional homes beyond those
needed for eligible residents and it is recommended that, subject to good value
for money being obtained and this first phase being funded by the Housing
Corporation, the Council consider this
option as part of an appraisal for the future options of the remaining
properties, and if agreed, support a further bid to the Housing Corporation
from CDS to secure this.
4.3 Although
the Housing Corporation have recently indicated that they would consider allocating funds to some local
(i.e. borough) priorities as well as sub regional priorities, there is
increasing priority given to more cost effective (i.e. cheaper) projects . Thus
funding for schemes located in high cost areas will become more and more
difficult to secure. The Housing Corporation have also said that their funding
should be used to create new homes, and not to fund schemes involving
rehousing.
5.
PCHA’s
bid
5.1.
PCHA have bid for all the properties and would produce 52
homes for 197 people using £8.75m of
Housing Corporation SHG. The average SHG per person is £44.4k – about 50%
higher than the average 2002-3 allocation in Camden. PCHA would pay an
undiscounted (but devalued for any risk) price at this level of grant. The
receipt to the Council would be £5.4m for all the properties. However even
though the Housing Corporation are committed to helping the Genesis Group
resolve the outstanding issues with WHHA , they will probably not be able to
provide this level of funding and officers anticipate that if the Housing
Corporation wish to fund PCHA that the Council will need to provide some
funding, through discounted disposal. PCHA’s unit costs (especially grant per
bedspace) could be reduced by removing some very high value properties from
their bid, while still providing enough homes to rehouse all eligible residents
(including those living in such properties). It is being suggested that they
devise a proposal more on the lines of the CDS one for a smaller number of
properties.
5.2.
If the Executive wish to proceed with PCHA (as an option or
alone) this reduction will be further investigated by officers with PCHA and if
there is a significant improvement in their unit costs this will be reported
further. In any event some of the properties in PCHA’s bid are already potentially
identified for return to the Council for other housing purposes or are
unsuitable (such as flats within blocks managed by the Council or another
housing association). Annex 1 shows which are affected in this way.
6.
The
CDS bid
6.1 The Chief Executive of CDS attended a
CRISH meeting, at which two established co-operatives were also present. About
20 residents were present. CRISH have also carried out a survey of about 50
residents, including the eligible residents. 30 replied and 22 indicated a preference
for setting up and running a co-operative..
6.2 CDS (after discussion with CRISH representatives) have bid
provisionally on the basis that
(a)
the blocks of flats in Lithos Road (Gainsborough and
Claremont) would be demolished to provide 6
three bedroom maisonettes and 12 one bedroom flats (subject to planning)
(b)
5 houses in Kilburn (51 & 53 Loveridge Road, 120 &
154 Maygrove and 94 Shoot Up Hill) would be refurbished to provide 10 homes
varying in size from 1 bedroom to 3 bedrooms again subject to planning
(c)
These assumptions would be the subject of further
discussions with CDS and CRISH in the light of the Council’s and the Housing
Corporation’s decisions
(d)
There would be a bid for further funds made in late 2003
for 2004-5 to meet any unmet needs and subject to the options appraisal, to
assist the co-operative in becoming larger
6.3.
The CDS bid would produce 28 homes for 99 people using
£3.97m of Housing Corporation SHG.
Sales receipts (after a valuation reduction) would be £2.31m. Not all
properties would be sold to CDS at this stage and the remainder will be
considered in an options appraisal and reported to Executive, the main options
are either to be the subject of a future scheme or sold to secure capital
receipts for the council.
7.
Assessing
the proposals
7.1.
The preliminary view is that at the open market values provided by the Head of Property Services as
refurbishments these developments could have costs as high as 140% of TCI
(Total Cost Indicator). The new build element reduces this. The Housing
Corporation will now only fund up to 110% of TCI as a maximum. The cost
components of the TCI are the undiscounted purchase value, the cost of
buildings works and administration and fees and associated VAT. Of these only
the purchase value can be reduced.
7.2 It
should be acknowledged that a transfer to an association would be on the basis
that, although the Council has been
advised that residents have no claim to
a tenancy against the Council, there is (as reported before) a potential risk
of litigation and valuations are being prepared on this basis.
Residents
have made it clear that they would prefer a co-operative option to working with
Genesis/PCHA, whom they associate with WHHA.
The views of the Housing Corporation are being sought at present on the
potential for funding CDS. As CDS is quite a small organization the HC do have
some reservations about their capacity to take on this scheme. The Council has
not previously worked with CDS. An appraisal of CDS is being carried out and it
appears that, subject to the HC views,
they are an acceptable partner in terms of their previous experience and
financial health.
7.3
Risk
Management
7.3.1
Resident
co-operation
7.3.1.1 The
formation of CRISH has created a good line of communication to all tenants and
increased the likelihood of individual tenants co-operating in implementation
of the development of permanent homes.
7.3.1.2 PCHA
/ WHHA / Genesis are not seen as ideal by residents largely because of the WHHA
history before WHHA entered the Genesis group and partly because Genesis
prioritised other aspects of the WHHA rescue over tackling what residents see
as a history of neglect of both the houses and of themselves.
7.3.1.3 CDS
are seen in a good light because they
have a track record of helping people set up new co-operatives and met with
CRISH representatives to discuss their bid before it was made.. CDS acted as
agents for Grand Union Housing Co-operative in Bethnal Green in giving similar
undertakings and carrying out a similar development for 35 short life
residents.
7.3.1.4 By
working closely with residents CDS
would seek to identify the permanent unit they are going to occupy when
it is completed and would seek to minimise temporary decants and decant
periods; CDS consider some temporary decanting will be inevitable. CDS Co-operatives will need the assistance
of Camden or other RSLs to provide temporary decant properties. CDS have experience in organising a similar
programme for Sylhet Co-op in Tower Hamlets.
7.3.1.5 CDS
Co-operatives has also stated its wish to work closely with CRISH residents in
working up its development and design proposals.
7.4
Delivering
the permanent homes
7.4.1
Although on the face of the figures the PCHA and CDS bids
look very different it is likely that both would find a new build approach to
Gainsborough and Claremont Houses (in Lithos Road) would create more
appropriate homes and require less grant per person housed, that the 23
properties in PCHA’s bid would be reduced (see Annex 1 for probable exclusions)
and then spread over 2 years (2003-4 and 2004-5), and that CDS would request a
further allocation to create a total of about 40 homes for the co-operative.
7.4.2
As CDS has not
worked in the Borough before more detailed information on the development
capacity is set out in Annex 2.
7.4.3
PCHA has
an extensive record of developing new homes in North West London through new
build and refurbishment.
7.4.4
Both bids were based on limited information. Works costs
were based on other similar properties in London. Possible designs were based
on an earlier and more limited survey carried out by the Council itself. To
enable residents and the chosen association to proceed with confidence PCHA and
CDS have agreed to commission jointly a survey of the most likely buildings on
the footing that whichever association receives the SHG allocation would meet
the costs. The survey will be of condition and layout and an output will be
design options that can be discussed with residents. It will also give
preliminary information on planning issues that might affect the proposals.
This survey will not be commissioned until the valuation issue below appears to
be resolved.
7.5
Funding
7.5.1
The assumption that the total costs had to be held within
110% of the TCI (Total Cost Indicator) set by the Housing Corporation) is
common to both bids
7.5.2
The bids to the Housing Corporation are at the maximum
public subsidy level and average £40k (CDS) and £44.4k (PCHA) of Social Housing Grant per bedspace; it is quite
likely that the PCHA figure would reduce if they too were to rebuild
Gainsborough & Claremont Houses and to exclude more expensive properties.
7.5.3
If the HC decline to fund at this level officers recommend
that the adjusted valuations be the subject of a further discount to top up the
Housing Corporation’s allocation of SHG to the lower of the levels of either
the bids or the maximum public subsidy for this project If required this will be the subject of further report.
7.6
Other
options
7.6.1
As previously reported WHHA were keen to hand back these
properties to the Council. The agreement with the Council requires that they be
vacant at that point. WHHA and Genesis would certainly be involved in
litigation to get vacant possession and residents would not have any great
influence over their future homes. The litigation might be lengthy although the
Council has received advice that residents do not have any ability to claim a
tenancy. The Council does not itself have funds within the Capital programme to
refurbish these properties and the council would consider selling the
properties to secure capital receipts, on which potential changes may enable
the Council to recycle 100% in the future
7.6.2
Not tackling the issues leave the residents substantially
underoccupying properties in poor condition. WHHA say that the absence of a
long term solution exposes them to further litigation and financial losses.
7.6.3
Camden has sought
to bring Housing Corporation investment into its short life strategy since 1994
and to provide permanent homes for long term short life residents. However in
at least one London Borough (Islington) a decision has been taken to take back
all the properties after making one offer only to residents, followed by legal
action to gain possession if the offer was not accepted.. The potential change
to recycling capital receipts mean that this option could create substantial
receipts to the Council, but it would be a departure from the short life
strategy and many of the residents have been in their homes for a very long
time.
8.
Legal
comments
These are
incorporated in the report
9.
Finance
comments
A full
financial appraisal of the options will be presented to the Executive in a
subsequent report when more detailed proposals are available.
10.
Comments of the
Controller of Financial Services
The Controller of
Financial Services has been consulted during the drafting of this report and
has nothing further to add.
11.
Comments of the
Assistant Director of Environment (Planning)
The Council’s adopted Unitary Development Plan (UDP)
encourages the creation of new and improved affordable housing units. However,
a number of the suggested alterations and works will require planning
permission and these should be identified and discussed with planning officers
at an early stage so that the appropriate statutory consents can be sought.
12.
Comments of the Head of Property Services
12.1.
The Head of Property Services has provided valuations for
all but 3 of the properties listed in the annex to this report. (These 3 are not likely to be included in
any package). Virtually all of the properties are in a poor state of repair
and condition surveys provided by consultants appointed by the Director of
Housing have been used to reflect this disrepair in the valuations. In a number
of cases access was not possible, and so the valuations are based on the best
information currently available. The valuations provided are for the freehold
interest (or 125 year leases for individual flats) assuming vacant possession
on completion.
12.2.
The total aggregated valuation with vacant possession of
all but the 3 above of the properties
contained in the PCHA bid is £8.52m, and for the smaller CDS bid it is £3.9m.
12.3.
It is recognised that most of the properties are fully occupied by
residents, and if they were secure tenants the open market valuations would
need to reflect this and would be substantially lower. However, the legal
advice to the Council is that the residents have no claim to tenancies against
either the Council or WHHA. The Director of Housing has obtained further legal
advice to quantify the risk that vacant possession may not be obtained in all
cases, and the costs and delays associated with the process. It will be
possible to reflect this in lower open market valuations which reflect the true
position on the ground. This will help in reducing the total cost of schemes
being submitted to the Housing Corporation so long as this position does not
change prior to transfer of the properties.
13.
Conclusion
Subject to further report to The
Executive
(a)
officers in consultation with CRISH and the Housing
Corpration being satisfied that CDS can deliver their programme
(b)
CRISH continuing to being involved in the strategy and
detail of the programme
(c)
The costs issue being resolved by reviewing values in the
context of risks to the new owner
(d)
There being SHG available at the maximum public subsidy
level, preferably wholly from the The Housing Corporation
the CDS proposal to work with CRISH for
CDS to take over ownership and promote a housing co-operative – initially for
management, but with a longer term view of taking over ownership (the latter
being subject to the agreement of the Council and approval of the Housing
Corporation) – has a very good chance of successfully resolving this situation
which is so unsatisfactory for all the parties – residents, the Council, WHHA / Genesis and the Housing
Corporation.
If
the Housing Corporation cannot fund CDS, then further work will be carried out
with
PCHA working with CRISH to develop a viable
scheme
If Housing Corporation funding cannot be
secured at this level, the Executive is asked to indicate if it is prepared to
consider disposal at a discount to allow the scheme to proceed (subject to the approval of the Secretary of
State). Details would be subject to a further report.
An options appraisal will be carried out
for the properties which are not required as part of a scheme to rehouse
existing long term residents. This will
include the option of open market sale as well as seeking additional Housing
Corporation funding, and it will be reported to Executive.
Annex 1
List of properties and proposals by PCHA and CDS
(These are all subject to survey).
|
|
PCHA bid |
CDS Bid |
|
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|
address |
1b |
2b |
3b |
4b |
5+b |
1b |
2b |
3b |
4b |
5+b |
|
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41 Broomsleigh St |
|
|
1 |
|
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|
|
|
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|
* |
|
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16a Camden Road |
|
1 |
|
|
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|
|
|
|
|
** |
|
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27 Dynham Rd |
|
|
1 |
|
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|
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* |
|
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29 Fordwych Rd |
1 |
|
1 |
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144 Grafton Rd |
|
|
1 |
|
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* |
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3 Lithos Rd |
2 |
|
1 |
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9 Lithos Rd |
3 |
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51 Loveridge Rd |
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|
1 |
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3 |
5 |
1 |
1 |
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53 Loveridge Rd |
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1 |
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|||||
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120 Maygrove Rd |
2 |
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154 Maygrove Rd |
1 |
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88 Messina Ave |
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2 |
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* |
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27 Minster Rd |
1 |
1 |
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62 Minster Rd |
1 |
1 |
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*** |
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25 Westbere Rd |
3 |
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* |
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153a Goldhurst Terrace |
2 |
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+ |
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43a Goldhurst Terrace |
1 |
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+ |
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52 Grafton Rd |
1 |
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82a Parkhill Rd |
|
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1 |
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+ |
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45 Primrose Gdns |
1 |
|
2 |
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94 Shoot-Up-Hill |
2 |
|
|
1 |
|
Included in above |
|
|||||
|
Gainsboro' Hse |
2 |
3 |
|
3 |
|
6 |
|
3 |
|
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|
|
|
Claremont Hse |
|
|
|
6 |
1 |
6 |
|
3 |
|
|
|
|
|
23 properties |
23 |
8 |
9 |
11 |
1 |
15 |
5 |
7 |
1 |
|
|
|
+ this property may not be suitable as it is a flat
within a larger building
* this property is or may be required
for other housing purposes
** this property is no longer available
and is being used for other housing purposes
*** this property is being considered
for other housing purposes
shaded properties
are considered certainly available.
Bold addresses have
not been included in the valuation
If all these shown as *, **, *** or + are excluded,
there are still enough properties to create 35-40 homes with a suitable mix of sizes of home.
This property was referred to in the August report
but is not currently mentioned in any bid.
|
17 St Augustines |
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+ |
Annex
2
Information on
CDS co-operatives’ development history
1. CDS Co-operatives’
proposals contain a small element of refurbishment and it is worth noting that
CDS Co-operatives took over a portfolio of listed buildings in Stepney owned by
Sylhet Housing Co-operative and successfully completed these works in
collaboration with members of the co-operative.
2. CDS
Co-operatives remains an active developing association, although it has
restricted development activity in recent years because of declining grant
rates.
3. It
currently has three developments on site, a new build scheme of 12 homes in
Dartford, and two conversion/rehabilitation projects that will provide 15 flats
for young single people in the Folkestone Town Centre regeneration zone.
4. In
the recent past CDS Co-operatives has managed a significant development
programme, being a principal partner in the Kent Housing Partnership through
which it produced 430 new-build homes over a 4 year period in a programme with
a total value of £25 million. CDS
Co-operatives also has successfully delivered complex projects, notably the £5
million rescue and conversion of St. George’s Church Camberwell.
5. CDS
Co-operatives is also currently acting as lead development consultant carrying
out the capital feasibility study into the reprovisioning of Croydon Council’s
residential care provision for the elderly and the development of Croydon Care
Co-operative which it is intended will provide elderly care services under
contract with the Council. CDS
Co-operatives has also commissioned the New Economics Foundation to research
the development of limited equity co-operatives for key workers.
6. In
order to maximise its development capacity now that social housing grant rates
are easing enabling developments to be undertaken with less additional subsidy,
CDS Co-operatives Board of Management has commissioned financial consultants, Beha Williams Norman, to review its business
plan and to advise how to lever development resources from CDS Co-operatives
assets and borrowing arrangements. This
review, which will include a development risk and capacity assessment, will be
completed by March 2003.
7.
CDS Co-operatives also has the in house development
expertise to carry out new-build and refurbishment project. It development team is led by Steven
McIntosh, as qualified town planner with over 12 years experience of housing
association development, including 2 years as development manager of an inner
London housing association.