Social Housing and Regeneration: Earl’s Court and West Kensington

Karen Buck Excerpts

Tuesday 20th February 2018 Westminster Hall

[Andy Slaughter (Hammersmith) (Lab)]

I beg to move,

That this House has considered social housing and regeneration in Earl’s Court and West Kensington.

It is a pleasure to serve under your chairmanship, Mr Owen. Last Thursday, Property Week carried the story that Capital & Counties Properties plc, the promoter of the Earl’s Court development, is about to sell the Empress State building to the Mayor’s Office for Policing and Crime for around £240 million. Capco confirmed the leak. Indeed, using the “cui bono?” test, Capco was responsible for the leak, which gave a glimmer of good news to its shareholders, who have only had bad news in recent years, ahead of its full-year figures for 2017 being published later this week.

At over 30 storeys, Empress State was the tallest commercial building in London when it was built in the early 1960s. When it was vacated and sold by the Ministry of Defence, the Metropolitan police rented it from its new commercial owners. When Capco acquired the freehold in 2014, it gave notice to the Met and got consent from a complicit Conservative administration—with only weeks to spare before they lost control of Hammersmith and Fulham Council—to approve Empress State’s redevelopment as 440 mainly luxury flats.

Why give up now on luxury residential development, which was previously seen as not just another licence to print money, but a way of integrating the key Empress State site into Capco’s master plan for Earl’s Court and West Kensington? The answer is that throwing in the towel on Empress State is the clearest sign yet that not just the master plan, but Capco itself is in serious trouble and is seeking to cut and run to save its own skin.

This is a story about arrogance and greed; about politicians who thought they could treat people as commodities, units of production and pieces on an electoral chessboard; about developers who could not believe their luck and then fell prey to changing political and market forces; about a vibrant part of London full of industry, commerce and entertainment that was ordered to be razed and replaced with monotonous high-rise blocks as safe deposit flats for the investment market; and about a proud community of 2,000 people who have stood firm for 10 years against the threat of their homes and community being demolished and dispersed.

Ten years ago, Capco conceived a master plan for 77 acres of land straddling the borders of Hammersmith and Fulham and Kensington and Chelsea. It was dubbed Earl’s Court, although the majority of the land lay in the marginal North End ward of Hammersmith and Fulham. It was billed as the biggest urban development outside China, with an estimated built-out value of £12 billion.

The plan was audacious, because although designated as an opportunity area, this was no derelict, brownfield land. One third of the site comprised the Earl’s Court exhibition centre, including its iconic 1930s entrance, which is now sadly demolished despite the UK having only a third of France’s exhibition space and a quarter of Germany’s. One third comprised the maintenance, manufacture and stabling of a significant part of London Underground in the Lillie Bridge depot, which was a major employer of skilled labour. One third comprised two estates of predominantly council housing: Gibbs Green and West Kensington. Around 2,000 of my constituents live there in 760 good quality, spacious, affordable 1950s, 1970s and 1990s low or medium-rise homes.

In place of all that, Capco promised 7,500 high-rise flats, of which only 11% would be additional affordable homes that stretched that definition to its limits by, for the most part, offering nugatory discounts on extortionate market prices. Interestingly, now Capco is aching for a deal—any deal—to get out of the scheme, it does not say, as most developers do, “Look at our viability assessment. It is all that we could afford.” It says, “We did what Conservative politicians asked, and they wanted precious little affordable housing and not one new social rented home.”

At the start of the process in 2008, Capco told me with similar candour that it did not want to include the estates in the master plan. Developing the exhibition centre and depot meant negotiating with a single partner, Transport for London. Bringing in the estates meant not only a political minefield, but buying up the land interests of the hundreds of freeholders and leaseholders who had bought the desirable homes, flats and maisonettes on Gibbs Green and West Ken.

Why did Capco succumb? Because the ideologically driven council in Hammersmith and Fulham decided to attract the attention of its political masters in the Department for Communities and Local Government by showing that whole areas of social housing could be wiped and reconceived as luxury developments—they called it “sweating the asset”. For Capco, demolishing the estates was the price of the Tories’ co-operation with the scheme.

Capco drove a hard bargain. The inequality of arms between developers and local authorities is not unique to Hammersmith. The deal done with TfL on the exhibition sites was hugely preferential to Capco, despite TfL owning the freehold—perhaps the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) was also not trying too hard—but that looks like a master stroke compared with the deal that the Hammersmith Tories did for the estate land.

In 2013, Hammersmith and Fulham Council made a deal to receive £90 million for the estates, plus space in the new development to replace the homes lost. Uniquely in the experience of most planners and developers, however, that sum was not index-linked—as if property prices never rise in central London.

Moreover, the council needed to deliver vacant possession of the land. That meant buying out 171 leasehold and freehold homes, which is normally the developer’s task. The maximum needed to acquire the homes was budgeted as £60 million, although valuation experts assessed the true figure as between £150 million and £174 million. The council has already purchased 26 homes at an average price of £552,000, excluding compensation, which is well in excess of the estimated £350,000.

The true value of the land is not recorded, but reading across from the valuation of the exhibition centre site, which is, suggests that a more accurate figure is around £1 billion. By accepting no more than 10% of the land’s value and by underestimating the costs of acquiring vacant possession, the council could now be left with a zero receipt and a maximum of 672 replacement homes for residents of the estates, having sold 88 homes to cover its shortfall. That will also not guarantee a home for all residents in the new scheme.

For reasons of time, I must return another day to what I regard as one of local government’s great financial scandals: how not just prime land, but whole communities were sold for a song to serve an extreme political agenda of gerrymandering and social engineering. Most of the guilty men of the previous Conservative administration—and they were all men—have taken their poisonous philosophy elsewhere, but Capco still squats on Earl’s Court and West Ken like a toad.

Capco is represented by its chairman, Ian Hawksworth, who is now most famous for being on the guest list for the President’s Club dinner, and Gary Yardley, its managing director, who is quick to pick up lavish bonuses for the granting of planning consents with negligible community benefit and huge community loss. Its development partners are even less savoury. They include Hong Kong-based mega-developers Kwok Family Interests. One of the family, Thomas Kwok, is currently serving a five-year sentence for bribery.

Although I have referred, and will continue to refer, to Capco as the developer, in fact the estates were purchased through an obscure entity called EC Properties LP. The sole partner capital contributed to EC Properties LP is £2 paid in cash by Jersey-registered EC Properties LP Ltd. These and further labyrinthine arrangements appear designed to put Capco in control while shielding it from liability and allowing it to take advantage of offshore tax arrangements.

Before being tempted by the prospect of rich pickings in Earl’s Court, Capco’s business was commercial and retail estate management, specifically through its ownership of Covent Garden. It has no experience as a major land developer, and it shows. It does not have control of the master plan site; it has no option on Lillie Bridge depot, which is owned by TfL; the estate residents, through their lawyers, dispute that the conditional land sale agreement for the estates is enforceable; and now the deliverability of its scheme has been further undermined by the sale of the Empress State building.

Capco’s scheme, the value of which fell by 20% in 2016, includes £1.8 billion of enabling infrastructure costs. At £148 per square foot, that is more than three times the cost of larger development schemes in London. Other residential developers have commented on Capco’s extreme construction costs, which are thought to be 30% to 45% above the market rate.

Capco’s assumptions for residential value, which are significantly higher than the local market and schemes elsewhere in London, have not been realised. Sales are slower than expected: flats have been selling at a rate of less than one a week. At one point it was selling one flat a fortnight, at which rate it would take more than 150 years to sell the entire scheme, yet the business plan relies on a high sales rate of 480 private homes a year. Unsurprisingly, Capco has tried in recent months to sell some or all of the site to overseas investors in America, South Africa, Japan, China and Saudi Arabia, but it has had no takers. Frankly, any developer, however much of a gambler, would be beyond reckless to take any of the Earl’s Court site off Capco’s hands.

With no money in the scheme and none from outside, Capco’s only other option is to return to planning and come up with a new master plan with increased heights and density. Sadly for Capco, that option also looks like a dead end. With Eric Pickles at the Department for Communities and Local Government, the right hon. Member for Uxbridge and South Ruislip as Mayor in City Hall, and Stephen Greenhalgh in Hammersmith Town Hall, anything was possible, but the political weather has changed. Now Sadiq Khan is Mayor and has very different ideas about what constitutes affordable and sustainable development. He has also made a strong commitment to tenants’ ballots and said that he wants

“to make sure people living on social housing estates…are at the heart of any decisions”

involving demolition. Stephen Cowan, the Labour leader of Hammersmith and Fulham Council, has described the Earl’s Court scheme as “unviable” and “undeliverable” and called on Capco to return the estates to the council. He has the full support of the North End ward Labour candidates, Councillor Larry Culhane, Councillor Daryl Brown and Zarar Qayyum. It appears that he also has the support of the deputy leader of Kensington and Chelsea, Councillor Kim Taylor-Smith, who spoke about the scheme at a meeting of the full council on 24 January.

On Monday, I wrote to the chief executive of EC Properties, whose parent company is Capco, to seek a meeting to consider the site’s future. I told him that on 14 June the facts on the ground in Kensington had changed. I wrote:

“I want to make it very clear that I do not believe the continuation of this development under the current terms is right. And, as a minimum, if this is to continue I want to see more social and more truly affordable housing included in this scheme.”

I am pleased to see my hon. Friend the Member for Kensington (Emma Dent Coad) present, because part of the site is in her constituency. As she knows, my reference to 14 June was to the Grenfell Tower fire.

So what happens now? It is too late for the exhibition centres that were demolished in an act of vandalism, but it is not too late to build an acceptable replacement on the site. It is far from too late for the Lillie Bridge depot, which is still owned by TfL, to undergo sympathetic redevelopment to preserve necessary infrastructure for the tube and new affordable homes. If hon. Members will forgive me, however, I will turn my focus to the estates, or rather to the people who live there.

I first got to know West Ken and Gibbs Green in 1985 as the newly selected council candidate for Gibbs Green ward. The first campaign that I had to fight was to stop the then Tory council putting a relief road through the West Ken estate. It has been a pleasure to represent the area as a councillor and MP for 28 of the past 32 years. Although on aggregate it is a low-income community, it includes people from every walk of life, ethnicity, nationality and profession.

Residents reacted with horror to the prospect of demolition of their homes. At first, there was no guarantee of rehousing in the area—only the statutory requirement to rehouse secure tenants in suitable alternative accommodation. Even when residents were told that homes would be available on the site, there were strings attached. Homeowners, private tenants and households who moved into the estates after the land sale agreement was signed in 2013 have no guarantee of finding a replacement home in the area on eviction. Secure council tenants who move into the first phase of replacement homes could see their service charges triple to between £2,500 and £3,500 a year on top of rent. Having been initially promised like-for-like replacement homes, residents who currently have spacious flats and houses built in the 1960s and 1970s, some of which have gardens and off-street parking, have now been told simply that replacement homes will meet the legal minimum size standard. Even if the developer had the finances and political support to begin evicting residents tomorrow, redevelopment of the estates would still take at least 20 years to complete.

Residents have done everything they can to make it very clear what they do not want: demolition. In December 2009, a year after learning of the possible demolition of their homes, residents from 83% of households on the West Kensington and Gibbs Green estates signed a petition to oppose it. In March 2012, 80% of residents who responded to the council’s consultation on the scheme said no to demolition.

Residents have also been very clear about what they want instead: community ownership. In March 2011, they formed West Ken Gibbs Green Community Homes, a community-controlled not-for-profit organisation with membership from more than two thirds of households on the estates. It was set up with the intention of exercising council tenants’ right to transfer.

[Ms Karen Buck (Westminster North) (Lab)]

I congratulate my hon. Friend on his powerful speech. Does he agree that residents could do a lot worse than learn from the community ownership experience in a neighbouring estate? Walterton and Elgin Community Homes was set up in the face of a threat from Westminster City Council in the late 1980s. It has proved to be one of the most successful and popular models for social housing in the country. Does he agree that that experience shows exactly the approach we should take when estates are threatened?

[Andy Slaughter]

It is a pleasure to see my hon. Friend in the Chamber. I am not surprised to hear her champion one of the most successful community-held developments in the country. I will say a little more about that development before I conclude my speech.

The right to transfer allows council tenants to choose a different landlord for their area. The objective of West Ken Gibbs Green Community Homes is to become the community-controlled landlord for its members’ homes. For four years, it lobbied the Government to implement the necessary legislation to enable it to use the right to transfer under the Housing Act 1985, as amended by the Housing and Regeneration Act 2008. The necessary regulations came into force in December 2013, and in March 2015 members voted 100:1 to serve a right-to-transfer proposal notice. That is a comfort to those whose priority is simply to remain in their homes. Some residents have lived on the estates with friends and neighbours for 30, 40 or even 50 years and dread the disruption of redevelopment and forced transfer.

Estates are home to people who are the lifeblood of our towns and cities. Many residents are people on minimum wage or zero-hours contracts, who feel the rising costs of living the most. Demolishing and marginalising social housing will not work; more importantly, it dehumanises an entire category of people. Certain councils and developers generalise about social housing tenants. They assume they know better than the tenants what is good for them, and they tell them to be grateful when their homes are under threat. That is what the Conservatives did before agreeing the sale to Capco, describing estates as “not decent neighbourhoods”, “barracks for the poor” and “ghettoes of multiple deprivation”. Is it any wonder that communities such as West Kensington and Gibbs Green are bidding to take control and ownership for themselves?

So residents came up with the people’s plan, which shows the professionals how new development ought to be done. At the outset, Community Homes brought more than 100 residents into workshops and site visits with architects. Residents and architects together identified space for up to 327 new homes and devised plans for improvements to their homes, streets and community spaces. The plans were costed and valued, and residents were able to show that they could help to pay for improvements and subsidise the building of new homes at social rent levels through sales. Residents from 65% of households provided written feedback on these proposals, and 90% of respondents said that the plans were “excellent” or “good”, and “better” or “far better” than the Capco scheme. Here is some of their feedback:

“Everybody is trying to save our homes from these rich people. What do you want to destroy people’s lives for? For money?”

“I like that there is a plan to build new homes but I can keep my home. I don’t understand why they are going to demolish decent homes.”

“The most important thing is that we get to stay. I love it here. We know each other and look out for each other.”

I have two final things to say. First, I thank everybody in the community at West Kensington and Gibbs Green, and their supporters and advisers, for the struggle of the last 10 years. It has been gruelling, and 2,000 people have had their lives on hold, unable to move on with everything from modernising their home to planning their family’s future. However, it has created a fantastic community spirit and inspired people to create their own vision for the future.

Even before the political climate began to thaw, I knew that we would win, because I have known people such as Sally Taylor and Diana Belshaw, the chairs of the West Ken and Gibbs Green residents’ associations, and Keith Drew, the chair of West Ken Gibbs Green Community Homes Limited, for 20 years and more. They are strong Fulham people who are standing up for their communities, and they are not daunted by the dirty tricks of the developer and its political cipher.

I am delighted that so many residents have been able to attend this debate. I apologise if I cannot name them all, but they stand for the hundreds and thousands of people on the estates who have fought for their homes and their livelihoods over many, many years. That battle is not over, but there is at least some light at the end of the tunnel.

As I say, there are too many people for me to name, but I cannot leave out Jonathan Rosenberg, the community organiser for these 10 years, who brought not only his absolute focus and determination to an often exhausting David and Goliath battle, but 30 years of experience of community housing. As my hon. Friend the Member for Westminster North (Ms Buck) knows, Jonathan is the chair of Walterton and Elgin Community Homes, which is in her constituency. He is a slayer of Shirley Porter and a champion of tenants’ rights. Jonathan has been ably assisted by a number of professional advisers—accountants, architects and planners—and by community activists across both boroughs, and indeed by residents who have turned up, often when everything looked hopeless and bleak, time and again to assert the identity of their community.

I must also mention Dave Hill, the former Guardian journalist who now runs—I will give it a blatant plug—the “On London” website, which he is crowdfunding for. Dave has written dozens and dozens of articles to expose what has gone on in West Ken and Gibbs Green over the last 10 years. I do not always agree with everything that he says—he is a good, independent journalist—but he has chronicled what I am afraid to say lazier and more partisan journalists would have otherwise missed. It is good that we have it all on the record.

In conclusion, I have only a couple of simple requests to put to the Minister. I know that, new as he is to his post, he will have listened attentively. From my time holding the justice brief, I know that he is serious and has intellectual weight, and I hope that he will give me good news today. First, will he please determine the Community Homes application for the right to transfer, which his Department has been waiting to determine for more than two years? When he does so, can he please heed the residents’ call for him to uphold their legal right to take back control—a phrase I am sure he is keen to hear in this Chamber—of their community, so that they can deliver the homes that we need?

Secondly and more broadly, I ask the Minister to get the Government, including his Department, to work with the residents, the boroughs and the Greater London Authority—they are all now of one mind, a very different mind from the one of 10 years ago—to provide decent, genuinely affordable homes across the Earl’s Court site for families? That perhaps includes families from Grenfell, and thousands of others who are in overcrowded, unfit and unaffordable accommodation in two of London’s most expensive boroughs.

This situation should not be seen as a tragedy but as an opportunity. If there is going to be redevelopment, it should be sympathetic and sustainable, and in the interests of the people who need it most. They are the people who need social and affordable housing in Hammersmith and Fulham, and in Kensington and Chelsea.