Hendon (Colindale) Disposal Update

MOPAC approved the disposal of the freehold interest in two c.1ha sites at Hendon training centre in Colindale in February 2020, PCD 697. These sites are part of a Portfolio arrangement agreed with the GLA and the management of the disposal was to be undertaken by GLA Land and Property (GLAP) – a wholly owned GLA company.

Since this decision was taken, following tax and legal advice subsequently provided to the GLA, the proposal now is for the GLA themselves to undertake the management of the disposal and not GLAP. The reasons for this are set out in this decision but are linked to the GLA’s own tax affairs.

There are no adverse implications for MOPAC for the change from GLAP to GLA managing the project and the change results in amendments to the original terms of the co-operation agreement and these changes potentially provide additional benefits to MOPAC.

The paper provides an update on the valuation of the site following a request from the GLA to have a re-valuation due to time lag from the original valuation, and sets out the expected costs and funding of the disposal.

The Deputy Mayor for Policing and Crime is recommended to:

1. Approve the revised terms as set out in the restricted Part 2 paper.

2. Approve the costs and funding of the disposal as set out in the restricted Part 2 paper.

1. Introduction and background

1.1. MOPAC approved the disposal of 2 sites of land at Hendon training centre in Colindale in February 2020, PCD697 as part of a portfolio arrangement. A number of factors have changed since the original proposal and authority is sought to endorse the changes.

2. Issues for consideration

2.1. Due to the period of time elapsed since the original joint valuation the GLA requested a revaluation of the site. This has been undertaken and the implications for this is set out in the restricted Part 2 of the paper.

2.2. The original proposal was for the GLA’s wholly owned subsidiary (GLAP) to undertake the management of the disposal through the London Development Panel 2 framework. Following a review the GLA has determined that the management services would be better provided by the GLA via the Co-operation agreement and a shared service agreement. As a result of the above the Co-operation Agreement (Appendix 2a) has changed – these implications are set out in the restricted Part 2 of the paper.

3. Financial Comments

3.1. The spend to date and the estimated costs of completing the proposed route for disposal is set out in the restricted Part 2 of the paper. As per the standard treatment by MOPAC these costs will be funded from the capital receipt.

4. Legal Comments

4.1. The functions and duties of MOPAC are set out at section 3(5) to (7) of the Police Reform and Social Responsibility Act 2011 (the 2011 Act). Section 3(6) provides that MOPAC must:

a) secure the maintenance of the metropolitan police force, and

b) secure that the metropolitan police force is efficient and effective.

4.2. In addition, paragraph 3 of Schedule 3 to the 2011 Act provides that MOPAC may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Office which includes acquiring and disposing of property (including land) (paragraph 3(2)(b)). It also includes entering into agreements (paragraph 2.2)

4.3. MOPAC therefore has the power to dispose of land. The original decision to dispose of the land [PCD697] concluded that “According to the professional valuation advice received, the proposed arrangements to sell the sites achieve best value for money for MOPAC overall and therefore, the proposals are in accordance with MOPAC’s powers.” The proposed changes remain consistent with the legal advice given in respect of the original decision, so the proposals continue to be in accordance with MOPAC’s powers.

4.4. The MOPAC scheme of delegation and consent requires DMPC approval for “Bids for grant funding made and all offers made of grant funding; and/or where appropriate a strategy for grant giving.”

4.5. Section 120 of the Greater London Authority Act 1999 (the GLA Act) provides that the GLA may pay grants towards meeting capital expenditure incurred or to be incurred by a functional body for the purposes of, or in connection with, the discharge of the functions of that body. MOPAC is a functional body and therefore a grant from the GLA to MOPAC can be paid. No limitations or conditions can be imposed on the payment, although section 120(4) provides that such a grant must be applied by the recipient body solely towards meeting capital expenditure incurred or to be incurred by that body for the purposes of, or in connection with, the discharge of its functions.

4.6. Section 401A of the GLA Act gives powers to the GLA to provide professional, technical and administrative services to MOPAC and that MOPAC can enter into such arrangements with the GLA. The project management services that are proposed to be provided to MOPAC fall within this category.

5. Commercial Issues

5.1. The detail of the commercial aspects of this proposal are set out in the Part 2 papers.

6. GDPR and Data Privacy

6.1. The proposal does not use personally identifiable data of members of the public, so there are no GDPR issues to be considered.

7. Equality Comments

7.1. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

7.2. The two sites at Hendon are either just open land or are facilities that have been replaced by modern buildings. As a result, there are no impacts on equality or diversity arising from this proposal.

8. Background/supporting papers

• Appendix 1 Part 1 PCD 697 Disposal of Paddington Green Police Station & Section House and part Hendon Sites.