AC-2024-LON-001877 - [2025] EWHC 2132 (Admin)

As I have already noted, the inspector addressed these issues in DL22 to DL26, which I should set out in full.

“22.

The Council's evidence (i.e. Darren Mackin) sets out in detail how the Scheme will be funded and that there is a reasonable prospect that it will be delivered. The Council considered funding of the Scheme on 9 March 2023 and its Cabinet accepted the recommendations to increase funding for the refurbishment of JRP. It also ratified that the CPO Scheme is to be funded through the Council's Housing Revenue Account and borrowing from the Public Works Loan Board (PWLB).

23.

The Council’s report of 9 March 2023 also considered the recouperation of the funds required for the Scheme through the delivery of the masterplan for the Carpenters Estate. However, it is reiterated that the Scheme to refurbish JRP is nonetheless a standalone project that is not reliant on the viability or future delivery of the masterplan for the estate.

24.

I have carefully considered the evidence of the Objectors, specifically in relation to the funding of the CPO Scheme. As a Scheme that will provide 96% affordable homes, it was queried whether the development would be viable. However, the Council has provided evidence that it is capable of funding the refurbishment programme itself through its public report of 9 March 2023 that it is capable of funding the refurbishment programme itself, which was prepared by its Finance Team and ultimately sanctioned by its elected Members.

25.

Although the Objectors have argued that the funding agreed by the Council has not been independently scrutinised and verified, there is nothing before me to suggest that funding would not be forthcoming. Indeed, the evidence from the Acquiring Authority points out that there is no requirement for the funding to be verified, rather that there is a realistic possibility that it will come forward. Given that the totality of the Scheme is to be funded by the London Borough of Newham and it has access to funds from its Housing Revenue Account and for a non-discretionary loan from the PWLB, I am satisfied that there is a realistic probability of the Scheme being fully funded and is therefore viable and likely to be delivered within a realistic timeframe (Nicholas Clough’s evidence).

26.

Therefore, based on the evidence before me I can conclude that it has been demonstrated that the Scheme is funded and viable, meaning that there is a realistic prospect that it will be delivered within a reasonable time scale”.