The London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) Order 2012

Statutory Instruments

2012 No. 872

Urban Development, England

The London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) Order 2012

Made

19th March 2012

Laid before Parliament

23rd March 2012

Coming into force

16th April 2012

The Secretary of State makes the following Order in exercise of the powers conferred by section 165B of the Local Government, Planning and Land Act 1980(1).

In accordance with section 165B(5) of that Act the Secretary of State has consulted the councils of the London boroughs of Barking and Dagenham, Hackney, Havering, Newham, Tower Hamlets and Waltham Forest (being the local authorities in whose area the relevant urban development area is situated).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the London Thames Gateway Development Corporation (Transfer of Property, Rights and Liabilities) (Greater London Authority) Order 2012 and shall come into force on 16th April 2012.

(2) In this Order—

“commencement date” means the date on which this Order comes into force;

“the Corporation” means the London Thames Gateway Development Corporation;

“the GLA” means the Greater London Authority; and

“transferring employee” means any person who, immediately before the commencement date, was employed by the Corporation in one of the posts listed in Part 6 of the Schedule.

Property, rights and liabilities

2.—(1) The property, rights and liabilities which are—

(a)specified in paragraph (2), and

(b)vested in the Corporation immediately before the commencement date,

are transferred to the GLA on that date.

(2) The property, rights and liabilities mentioned in paragraph (1)(a) are—

(a)the land specified in Part 1 of the Schedule together with all property, rights and liabilities which the Corporation has in relation to that land;

(b)the assets specified in Part 2 of the Schedule; and

(c)all property, rights and liabilities which the Corporation has in relation to—

(i)the grants awarded by the Corporation which are specified in Part 3 of the Schedule,

(ii)the grants awarded to the Corporation which are specified in Part 4 of the Schedule, and

(iii)the contracts specified in Part 5 of the Schedule.

(3) The property, rights and liabilities mentioned in paragraph (2)(a) include (but are not limited to) any leases, tenancies, licences, agreements, planning agreements, infrastructure agreements, easements, wayleaves, development agreements, building contracts, appointments and encumbrances on title.

Employees

3.—(1) On the commencement date all property, rights and liabilities which the Corporation has in relation to the contracts of employment of the transferring employees are transferred to the GLA.

(2) The transfer by virtue of paragraph (1) is to be treated as a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006(2).

(3) Paragraph (1) does not affect the operation of those Regulations in relation to that transfer.

Pensions

4.—(1) On the commencement date all property, rights and liabilities which the Corporation has in relation to the transferring employees under a relevant pension scheme are transferred to the GLA.

(2) In paragraph (1) “relevant pension scheme” means a pension scheme established under section 7 of the Superannuation Act 1972(3).

Transfers: further provision

5.  A transfer under this Order operates in relation to property, rights and liabilities—

(a)whether or not they would otherwise be capable of being transferred;

(b)without any instrument or other formality being required; and

(c)irrespective of any requirement for consent that would otherwise be required.

Signed by authority of the Secretary of State for Communities and Local Government

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

19th March 2012

Articles 1 and 2

SCHEDULEProperty, rights and liabilities

PART 1Land

Title numberDescriptionType
TGL359076Barking Creative Industries Quarter, Abbey Road, Barking IG11 7BTFreehold
EGL536080Ex-Environment Agency land, Town Quay, Highbridge Road, Barking IG11Freehold
EGL268133Land at Jenkins Lane, including allotment land adjacent to A13, NewhamFreehold
EGL419743Ex-Captain Cook public house, Clockhouse Avenue, Barking IG11 7LXFreehold
TGL341752Plot 7 Meadowland, 53 Lawes Way IG11 0PBLeasehold
TGL341754Plot 8 Meadowland, 55 Lawes Way IG11 0PBLeasehold
TGL341756Plot 9 Meadowland, 57 Lawes Way IG11 0PBLeasehold
TGL341757Plot 10 Meadowland, 59 Lawes Way IG11 0PBLeasehold
TGL341744Plot 11 Meadowland, 61 Lawes Way IG11 0PBLeasehold
TGL341745Plot 12 Meadowland, 63 Lawes Way IG11 0PBLeasehold
TGL341746Plot 13 Meadowland, 65 Lawes Way IG11 0PBLeasehold
TGL341748Plot 24 Meadowland, 24 Lawes Way IG11 0PBLeasehold
TGL341749Plot 26 Meadowland, 26 Lawes Way IG11 0PBLeasehold
TGL341750Plot 27 Meadowland, 28 Lawes Way IG11 0PBLeasehold
TGL341751Plot 28 Meadowland, 30 Lawes Way IG11 0PBLeasehold
TGL341740Plot 29 Meadowland, 32 Lawes Way IG11 0PBLeasehold
TGL341741Plot 30 Meadowland, 34 Lawes Way IG11 0PBLeasehold
TGL341742Plot 31 Meadowland, 36 Lawes Way IG11 0PBLeasehold
TGL341743Plot 32 Meadowland, 38 Lawes Way IG11 0PBLeasehold
TGL341758Plot 38 Meadowland, 7 Sedge Gardens IG11 0FRLeasehold
TGL341759Plot 39 Meadowland, 63 Galleons Drive IG11 0FALeasehold
TGL341760Plot 40 Meadowland, 65 Galleons Drive IG11 0FALeasehold
TGL341761Plot 41 Meadowland, 67 Galleons Drive IG11 0FALeasehold
TGL341762Plot 42 Meadowland, 69 Galleons Drive IG11 0FALeasehold
TGL341763Plot 43 Meadowland, 71 Galleons Drive IG11 0FALeasehold
TGL341764Plot 44 Meadowland, 73 Galleons Drive IG11 0FALeasehold
TGL341765Plot 47 Meadowland, 79 Galleons Drive IG11 0FALeasehold
TGL341766Plot 48 Meadowland, 81 Galleons Drive IG11 0FALeasehold
TGL341767Plot 49 Meadowland, 83 Galleons Drive IG11 0FALeasehold
TGL341768Plot 50 Meadowland, 85 Galleons Drive IG11 0FALeasehold
TGL341770Plot 51 Meadowland, 87 Galleons Drive IG11 0FALeasehold
TGL341772Plot 52 Meadowland, 89 Galleons Drive IG11 0FALeasehold
TGL341773Plot 53 Meadowland, 91 Galleons Drive IG11 0FALeasehold
TGL341774Plot 54 Meadowland, 12 McAllister Grove IG11 0FRLeasehold
TGL341775Plot 55 Meadowland, 11 McAllister Grove IG11 0FRLeasehold
TGL341776Plot 56 Meadowland, 10 McAllister Grove IG11 0FRLeasehold
TGL341777Plot 57 Meadowland, 9 McAllister Grove IG11 0FRLeasehold
EGL139419Ex Polar Ford Site, New Road, Dagenham, Essex RM9 6EXFreehold
EGL109081Freehold
EGL488525Site D1, off Choats Road, Plot 10 at LSIP Phase 2 RM9Freehold
EGL488527Site D2, off Choats Road, land at LSIP Phase 2 RM9Freehold
EGL524388Plot Y, Choats Road, land at LSIP Phase 1, off Choats Rd, Dagenham Dock RM9Freehold
EGL550508Plot Z pumping station land, Choats Road, Dagenham Dock RM9Freehold
EGL554702Plot Z Enlarged area of Plot Z (excluding pumping station land), off Choats Road, Dagenham Dock RM9Freehold
EGL470367Ex-LDA land and roads (not including site D1, site D2, Plot Y and Plot Z), land at LSIP Phase 2, Dagenham Dock RM9Freehold
EGL476469Freehold
EGL466560Freehold
EGL461265Freehold
EGL105923Freehold
EGL156566Freehold
EGL453274Freehold
EGL126592Freehold
EGL543409Freehold
EGL547925Freehold
EGL556661Freehold
EGL502936Ex-Blue Triangle land, Choats Road, land at LSIP Phase 1, off Choats Rd, Dagenham Dock RM9Freehold
EGL553825Ex-National Grid site, land at Hindmans Way, Dagenham Dock RM9Freehold
TGL356690Ex-CEMEX land for Southern Access Road, land lying immediately south of Road B, off Choats Road (south), Dagenham Dock RM9Freehold
EGL213130Land at Perry Road/Chequers Lane, Dagenham Dock, Dagenham RM9Freehold
EGL339316Amberley House (remaining parcel of ex-Carpetright Site), New Road, Rainham, Essex RM13 8QNFreehold
EGL448065Rainham Interchange and Rainham Library, The Broadway, Rainham, EssexFreehold
EGL521583Dovers Corner access land, land at Dovers Corner Industrial Site, Bridge Road, RainhamFreehold
NGL4013421 The Broadway, Rainham Broadway, Rainham, Essex RM13 9HBFreehold
EGL521580Units 1-5, 6-10 Lamson Road, Rainham, RM13 9YYFreehold
EGL561744The View, 15th & 16th Floor, Fondant Court, Taylor Place, 76-79 Payne Road, Bow E3 2SPLeasehold

PART 2Assets

Date of purchaseDescription
31st March 2011The LIFT (portable structure used to host small events)

PART 3Grants awarded by the Corporation

Date when grant offer made or contract signedDescriptionRecipient of grant
14th September 2010Canning Town property development adviceLondon Borough of Newham
1st November 2011Rathbone Market investmentLondon Borough of Newham
1st March 2010Stratford Island University CentreUniversity of East London
18th November 2009New junction at Lochnagar Street A12 Blackwall Tunnel Northern ApproachTransport for London
2nd December 2010Barking Station Interchange Masterplan SPDLondon Borough of Barking and Dagenham
5th October 2010Rainham Library design development and pre-start project enabling actionsLondon Borough of Havering
24th February 2012Rainham Library contractor design phaseLondon Borough of Havering
1st September 2010Institute for Sustainability database set upInstitute for Sustainability
5th October 2010Public house land acquisition and works grant agreementLondon Borough of Havering
12th September 2007Canning Town buy backs phase 2London Borough of Newham
12th September 2007Canning Town buy backs phase 3London Borough of Newham
30th September 2009Canning Town buy backs phase 4London Borough of Newham
30th March 2006Canning Town buy backs phase 1London Borough of Newham
30th March 2007Demolition area 3London Borough of Newham
24th May 2007Refurbishment of Tanner and Nicholls PointLondon Borough of Newham
1st September2009Demolition phase 2, 3 and 4London Borough of Newham
7th December 2010Eastlea SchoolLondon Borough of Newham
24th May 2007New temporary service centre phase 1London Borough of Newham
8th August 2007New temporary service centre phase 2London Borough of Newham
6th January 2009Rokeby School projectLondon Borough of Newham
5th March 2004Silvertown Way CPOLondon Development Agency
28th January 2011Aberfeldy St/Nutmeg Lane crossingPoplar Housing and Regeneration Community
11th September 2008Currie-Dunkeld demolitionPoplar Housing and Regeneration Community
24th September 2009Ian Mikardo SchoolLondon Borough of Tower Hamlets
7th July 2010Langdon Park SchoolPoplar Housing and Regeneration Community
30th March 2009St Pauls Way SchoolLondon Borough of Tower Hamlets
8th March 2007A13 Renwick RoadTransport for London
30th March 2006Axe Street, BarkingLondon Borough of Barking and Dagenham
12th January 2010Barking Station Interchange forecourtLondon Borough of Barking and Dagenham
6th September 2010Barking Riverside community facilitiesLondon Borough of Barking and Dagenham
23rd January 2007Barking Town Square - public realmLondon Borough of Barking and Dagenham
24th May 2010CIQ AmphitheatreSPACE Studios
21st August 2009Eastbury SchoolLondon Borough of Barking and Dagenham
5th February 2007ELT Phase 1ATransport for London
30th March 2006Liberal and Labour Club, BarkingLondon Borough of Barking and Dagenham
30th March 2006Lintons Estate buy backsLondon Borough of Barking and Dagenham
24th July 2007Market SquareLondon Borough of Barking and Dagenham
30th March 2006Public Realm and Art ProjectLondon Borough of Barking and Dagenham
6th August 2009Thamesview EstateLondon Borough of Barking and Dagenham
9th March 2011Thamesview Infants SchoolLondon Borough of Barking and Dagenham
2nd March 2011Thamesview Junior SchoolLondon Borough of Barking and Dagenham
6th August 2009The Prospect CentreLondon Borough of Barking and Dagenham
6th August 2009William Street QuarterLondon Borough of Barking and Dagenham
14th March 2007Ferry Lane NorthLondon Borough of Havering
1st December 2009London Riverside BIDLondon Riverside BID Limited
17th January 2011Rainham PrimaryRainham Village Primary School
22nd December 2009Rainham public realmLondon Borough of Havering
20th March 2008Gallions to the ThamesLondon Development Agency
21st March 2008Rainham to Purfleet Path phases 2, 3 and 4London Borough of Havering
30th November 2009Rainham to the riverLondon Borough of Havering
23rd March 2007RSPB Rainham Marshes improvementsThe Royal Society for the Protection of Birds
31st March 2006RSPB Rainham Marshes improvements 08/09The Royal Society for the Protection of Birds
14th February 2007Financial Services Academy projectTower Hamlets College

PART 4Grants awarded to the Corporation

Date when grant offer made or contract signedDescriptionAwarded by
22nd January 2010European Regional Development Fund Programme 2007-2013 (London): FLASH (ERDF 09/224)London Development Agency
26th January 2011OPTEMS funding for way finding and landscaping for the “Fatwalk” Cycling & Pedestrian SchemeOlympic Delivery Authority

PART 5Contracts

Date of ContractDescriptionOther party
1st March 2011Design fees in relation to Twelvetree Crossing, Poplar Reach, Oban Street / Lanrick Road, A13 Crossing5th Studio Limited
1st October 2009Legal - CPO fees in relation to Fatwalk CPO, Poplar Reach, Twelvetree Crossing, A13 Crossing, Oban Street/Lanrick RoadArdent Management Limited
1st November 2008Legal CPO adviceDenton Wilde Sapte
1st September 2008Legal servicesDLA Piper Rudnick Gray Cary UK LLP
1st September 2008Legal servicesEversheds
1st February 2011Development asset valuationsGVA Grimley
1st January 2010Estate management fees (except the View)Kemsley LLP
1st January 2009Quantity surveying and CDM-C services (one contract) in relation to Twelvetree Crossing, Poplar Reach, Oban Street / Lanrick Road, A13 CrossingNorthcroft
1st July 2011Design fees in relation to Twelvetree Crossing, Poplar Reach, Oban Street / Lanrick Road, A13 CrossingURS Scott Wilson Limited
1st October 2011Insurance policy for LTGDC’s development assetsAllianz Insurance plc
1st March 2011Temporary storage for LIFTUnusual Rigging
30th July 2010Option agreement relating to freehold property known as land lying to the south of New Road, Rainham.Havering College
14th January 2011Agreement for purchase of land to the rear of The Vicarage, 25 Broadway and the Redberry Guest House, 29 Broadway, RainhamName withheld(4)
14th December 2010Agreement for the purchase of land at Dagenham Dock, DagenhamCemex UK Operations Limited (1) and The Rugby Group Limited (2)
16th December 2011Agreement to vary agreement for the purchase of land at Dagenham Dock, DagenhamCemex UK Operations Limited (1) and The Rugby Group Limited (2)
1st April 2010Facilitation, Learning and Sharing (FLASH) ERDF 09/244Institute for Sustainability
18th November 2010Compromise agreement and agreement for the grant of contractual rightsLea Valley Regional park Authority
17th December 2010Option agreement relating to the sale and purchase of land on the north side of Leven Road, PoplarBirch Sites Limited
13th December 2010Deed relating to the compulsory acquisition of land along the River Lea between East India Dock Basin and Three Mills Green for the provision of Phase 1 of the Lea River Park by the London Thames Gateway Development CorporationLondon Power Networks plc
6th December 2010Agreement made pursuant to section 106 of the Town and Country Planning Act 1990 relating to the London Thames Gateway Development Corporation (Lea River Park Phase 1) Compulsory Purchase Order 2010, the London Thames Gateway Development Corporation (Lea River Park Phase 1A) Compulsory Purchase Order 2010 and the “Fatwalk” at Leamouth PeninsulaClearstorm Limited (1), Ballymore Properties Limited (2) and Names Withheld(5) (3)
17th November 2010Undertaking in respect of CPO ProceedingsNetwork Rail Infrastructure Limited
30th November 2010Agreement relating to the London Thames Gateway Development Corporation (Lea River park Phase 1) Compulsory Purchase Order 2010 and the London Thames Gateway Development Corporation (Lea River park Phase 1A) Compulsory Purchase Order 2010National Grid Electricity Transmission plc
30th November 2010Agreement relating to the Lea River Park Phase 1 Compulsory Purchase order 2010 and the Lea River Park Phase 1A Compulsory Purchase Order 2010National Grid Gas plc

PART 6Transferring employees

  • Director of Development

  • Deputy Director of Development

  • Senior Project Manager

  • Senior Development Manager

  • Development Manager

  • CPO Project Manager

  • Programme Office Manager

  • Programme Officer

  • PA to Director of Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the transfer to the Greater London Authority (“the GLA”) of property, rights and liabilities held by the London Thames Gateway Development Corporation (“the Corporation”).

Article 2 transfers to the GLA the land, property, rights and liabilities which are specified in that article and Parts 1 to 5 of the Schedule, and are vested in the Corporation immediately before 16th April 2012.

Article 3 transfers to the GLA all property, rights and liabilities which the Corporation has under the contracts of employment of the employees specified in Part 6 of the Schedule. Article 4 transfers to the GLA all property, rights and liabilities which the Corporation has in relation to the pensions of those employees.

No Impact Assessment has been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1980 c. 65. Section 165B was inserted by section 143(1) of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) and amended by section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008 (c. 17).

(4)

The name of the party to this contract has been withheld for data protection reasons.

(5)

The names of the parties to this contract have been withheld for data protection reasons.