Hammersmith and Fulham adopts new Supplementary Planning Document

The Earl's Court and West Kensington Joint Supplementary Planning Document (SPD) has been prepared jointly by LBHF, the Royal Borough of Kensington and Chelsea and the Greater London Authority for the Earl’s Court and West Kensington Opportunity Area.

Following adoption of the SPD by the London Borough of Hammersmith and Fulham it will be considered by the Royal Borough of Kensington & Chelsea (RBKC).

If the SPD is adopted by the Royal Borough of Kensington and Chelsea, it is anticipated that the Mayor of London will publish the document as Supplementary Planning Guidance.

The Earl's Court site has already been identified as a site potentially suitable for comprehensive development, as it has been granted Opportunity Area status by the Mayor of London in the London Plan.

The Earl's Court Masterplan is being developed by Capital and Counties (Capco) and proposes a 7,500 home development, covering the Earl's Court and West Kensington Opportunity Area (ECOA). 

Capco and LBHF signed an exclusivity agreement last year, which allowed them a year to discuss the possession of land owned by the Council in the ECOA.

“We are pleased that the SPD has been adopted by LBHF. This augments the sound planning policy basis for the consideration of the Masterplan planning application,” said Gary Yardley, investment director of Capco.

Capco has now agreed with LBHF to acquire any private residential units on the West Kensington or Gibbs Green estates. This had been agreed to safeguard LBHF form Statutory Blight claims under the Town and Country Planning Act, suffered as a result of the adoption of the SPD.

A landowner can require the Local Authority to purchase their property using a Statutory Blight claim where the landowner cannot sell their interest in land because it has been devalued by public work.

Capco has agreed to cover up to a maximum of £50 million of Statutory Blight claims, including certain other related costs.

Capco can give notice to terminate the agreement if a land purchase agreement is not entered into by the end of the exclusivity period in July 2012. It is intended that costs incurred would be offset against the consideration relating to any future land purchase agreement in respect of the LBHF land.

The application for judicial review in respect of the exclusivity agreement has now been withdrawn, the developer said.