Wandsworth Council is proposing to appropriate land near Farnborough House, Rushmere House, and Chilcombe House on the Alton Estate for housing development, sparking discussions about balancing development with residents' rights. Residents have voiced concerns regarding the development, including worries about the lack of car parking, loss of storage, potential overlooking, and the impact on local services.

The Finance Committee reviewed the proposal, which aims to facilitate the Homes for Wandsworth development programme using Section 122 of the Local Government Act 1972 and Section 203 of the Housing and Planning Act 2016. The plan involves transferring the land from the Housing Revenue Account (HRA) to the General Fund and back, intending to be cost-neutral.

The development will involve the demolition of existing structures and the erection of three residential blocks comprising 38 units (12 x 1 bedroom, 18 x 2-bedroom and 8 x 3-bedroom flats). All 38 council rent units will be allocated in accordance with the Council's allocations policy from existing housing waiting lists.

However, the plan has raised concerns about the impact on residents. Councillor Peter Graham pointed out that the report pack states that it is expected that any residents affected by the development would have engaged with Newsteer Limited (the Council's consultants), but questioned if the council had taken heed of their concerns. The report also notes that the appropriation process allows for compensation to affected residents.

Specifically, residents have raised concerns during community engagement events detailed in the Farnborough House Appropriation Report regarding:

  • Lack of car parking locally
  • Loss of existing garages/storage space
  • Potential for overlooking
  • Daylight/sunlight impacts
  • Impact on local services and infrastructure
  • Traffic and congestion on Fontley Way and its impact on access for emergency vehicles
  • Construction impacts, noise, air pollution and road closures
  • Safety and security
  • Types of homes proposed
  • Density of housing on the estate
  • Relocation of existing bin stores
  • Drainage (water main bursts in the local area)
  • Loss of green/open space

Joe Richardson, Interim Director of Development and Place Delivery, acknowledged the late adjustments to the paper, including the addition of appendices with a list of affected properties, a copy of the public notice, and the Equality Impact Needs Analysis (EINA). He clarified that the intention is to deliver 38 homes for council rent that were consented under planning application number 2023/4762, and that the appropriation process allows for compensation to be made to those residents affected.

Mr Richardson also stated that the council has written two letters to residents and Newsteer has made two further attempts to engage with them. He said that the council is committed to continuing to make those attempts.

Mr. Riley added that the land would be moved into the general fund so that resident rights would disappear, and the housing could be developed. He said that people who had rights that may have been impacted by the development have a right for compensation rather than the ability to injunct and stop the development. When land is in the housing revenue account, residents and leaseholders have rights over that land, such as the ability to walk over the areas and non-derogation rights. These rights would enable residents to injunct against development. Moving the land to the general fund removes these rights, allowing development to proceed. An approved formula is used to assess complaints around non-derogation or rights to sunlight/daylight, and consultation will be awarded if appropriate.

The Farnborough House Appropriation Report states that the intention is to submit the proposals to the Finance Committee and the Executive in January 2025, and that it is expected that any residents affected by the development would have engaged with Newsteer Limited (the Council's consultants) and where it is agreed there is an impact or injury, impact assessments and negotiations either completed or in hand. Any compensation claims arising following appropriation of a development site for planning purposes would be calculated on a diminution in value basis on the basis set out in sections 7 and 10 of the Compulsory Purchase Act 1965.

The development aims to support the Wandsworth Energy and Sustainability Strategy (WESS), with features like Passivhaus certification, heat pumps, and sustainable construction methods. The development proposals aim to support the Wandsworth Energy and Sustainability Strategy (WESS) in a number of ways, including:

  • Aiming to achieve Passivhaus Certification.
  • Using heat pumps to provide space heating and domestic hot water.
  • Using sustainable construction methods, such as reuse of concrete and specifying GGBS (ground granulated blast furnace slag) instead of Portland Cement.
  • Protecting and enhancing nature conservation and biodiversity.

An Equality Impact Needs Analysis (EINA) suggests minimal impacts on protected groups due to prior consultations.

The Finance Committee has been asked to support the recommendations, including approving the land appropriation and authorising the Assistant Director (Property Services) to seek Secretary of State consent. The final decision will be made by the Executive, with the aim of submitting the proposals in January 2025.