MD2276 Stephenson Street Legal Costs and Legal Agreements

A development agreement was signed with Berkeley Homes (South East London) Ltd on 26th April 2016 for a residential-led scheme at West Ham. As the site is large and complicated and involves the acquisition of third party rights this agreement contained a number of obligations to complete further legal agreements in order to discharge the conditions and commence construction. These were outlined in the MD for the disposal (MD1626) are detailed in Part 2.

The project also requires additional budget to complete these agreements. This is also outlined in Part 2.

The completion of the various agreements will satisfy the conditions in the development agreement and allow construction to begin on site.

Under section 149 of the Equality Act 2010, as public authorities, the Mayor and the GLA are subject to a public-sector equality duty and must have ‘due regard’ to the need to (i) eliminate unlawful discrimination, harassment and victimisation; (ii) advance equality of opportunity between people who share a relevant protected characteristic and those who do not; and (iii) foster good relations between people who share a relevant protected characteristic and those who do not. Protected characteristics under section 149 of the Equality Act are age, disability, gender re-assignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and marriage or civil partnership status.

Throughout the decision-making process relating to the approvals sought in this paper to facilitate this significant housing development moving forward to delivery, due regard has been had to the ‘three needs’ outlined above. The housing shortage in London disproportionately negatively affects people with certain protected characteristics. Increasing the supply of housing, and in particular affordable housing will help to achieve positive impacts in line with the ‘three needs’.

• A key risk is not completing the legal agreements required to commence development.
• Delivery of housing is a Mayoral priority – this site will deliver upwards of 3,750 homes.
• The development has undertaken extensive impact assessments as part of the planning submission.

Approval is sought for additional revenue and capital budget to progress the development of the site.

Section 30 of the Greater London Authority Act 1999 (as amended) (GLA Act) gives the Mayor a
general power to do anything which he considers will further one or more of the principal purposes
of the GLA as set out in section 30(2) which are:

i. Promoting economic development and wealth creation in Greater London;
ii. Promoting social development in Greater London; and
iii. Promoting the improvement of the environment in Greater London

and, in formulating the proposals in respect of which a decision is sought, officers confirm they
have complied with the GLA’s related statutory duties to:

• Pay due regard to the principle that there should be equality of opportunity for all people;
• Consider how the proposals will promote the improvement of health of persons in Greater London, promote the reduction of health inequalities between persons living in Greater London, contribute towards the achievement of sustainable development in the United Kingdom and contribute towards the mitigation of or adaptation to climate change in the United Kingdom; and
• Consult with appropriate bodies.

In exercising the power contained in section 30(1) of the GLA Act, the GLA must have regard to the matters set out in sections 30(3-5) and 33 of the GLA Act, and also the Public Sector Equality Duty in section 149 of the Equality Act 2010 as set out above in section 3.

Sections 1-3 of this report indicate that the decision requested of the Mayor is within the GLA’s statutory powers.