A residents association will this afternoon submit a legal challenge to Hammersmith & Fulham council that could derail Capital & Counties’ £12bn redevelopment of Earls Court, SW5.
West Ken Gibbs Green Community Homes is issuing a Right to Transfer Proposal Notice, which will ultimately seek to transfer homes at the heart of the proposed redevelopment into a new housing association.
As-yet untested legislation introduced in 2013 allows council tenants the option to transfer their estates to a housing association of their choice and out of council ownership, subject to a large number of stipulations including widespread support of residents and leaseholders.
The council has 28 days to challenge the validity of the notice. In addition, the council may also seek a determination from the secretary of state not to co-operate with the transfer proposal on the grounds that it would have a detrimental impact on the provision of homes and regeneration.
At the crux of the argument is an issue over the current ownership of the land upon which the West Kensington and Gibbs Green estates sit, which together total 760 homes across 22 acres.
The residents association argues that it has the right to submit its transfer notice as the binding agreement made by the council to transfer the estates to the CapCo-owned EC Properties has yet to complete. The association contends that a number of stipulations are yet to be met such as the relocation of tenants and the determination of phases in which the land will be transferred. It also claims that the original masterplan that was agreed with the council in 2013 has since been completely amended.
Keith Drew, chair of the tenant group, said: “Residents are fed up with the ongoing uncertainty. We’ve always opposed demolition and the current council’s manifesto said the same. The council has been talking with the developer for almost a year. It’s apparent that the previously agreed regeneration scheme is undergoing major revision but residents have been excluded from the discussions and no new scheme has been agreed. We expect the government to support tenants to exercise our legal rights to be empowered to get on with our own plans for regeneration.”
CapCo argues that the agreement is legally binding and that CapCo is de facto owner of the land.
A CapCo spokesperson said: “The Earls Court Masterplan – including the plans to regenerate the estates – is well advanced, has broad support and will bring significant investment and benefits to residents, the local area and London. The estates have already been sold under an existing binding contract, as already approved by the secretary of state. As part of the area’s regeneration, residents will gain new and better homes, more jobs, a new school, parkland, new shops and leisure facilities.”
The original collateral agreement was made with a Conservative-led council in 2013, although Hammersmith & Fulham council became Labour-led following local elections last year.
