Decision Maker: Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
That the Executive approves the following recommendations -
(1) That the Executive is satisfied that the proposed redevelopment scheme is in the public interest and that any harm caused by the use of compulsory purchase powers to acquire and interfere with third party land and rights needed for the scheme is outweighed by the public benefits which the redevelopment scheme would generate, having also taken into account at this stage, the statutory obligations under the Equality Act 2010 in relation to the differential impact a Compulsory Purchase Order might have on various groups of persons with protected different characteristics;
(2) To authorise
(a) a Compulsory Purchase Order to be made pursuant to Section 226(1)(a) of the Town and Country Planning Act 1990 (as amended by Section 99 of the Planning and Compulsory Purchase Act 2004), Section 1 of the Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant and enabling powers, to secure the compulsory acquisition of the land and buildings shown edged red and the creation of a new right referred to at 10.2.2 in respect of the building known as Vintry House, shown coloured blue on the plan appended hereto and which land and new right is needed to facilitate and enable a viable and deliverable scheme of redevelopment to be implemented and completed in the interests of promoting the environmental, economic and social wellbeing of the community and wider area;
(b) a right to be created pursuant to Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to permit the Council to enter and occupy Vintry House, shown coloured blue on the plan annexed hereto, for the purpose of using the building as a site compound for the storage of machinery, equipment and other apparatus necessary to facilitate the proposed redevelopment scheme.
(3) To delegate to the Strategic Director: Corporate Resources authority to -
(a) make, if necessary, minor or technical amendments to the Compulsory Purchase Order;
(b) modify and settle the draft “Statement” to justify the use of compulsory purchase powers, the Compulsory Purchase Order Map and Schedule and all other legal documentation necessary to support and accompany the Compulsory Purchase Order to the Secretary of State for Housing, Communities and Local Government for confirmation;
(c) approve agreements with landowners setting out the terms for withdrawal of any objections to the Compulsory Purchase Order, including where appropriate, seeking exclusion of land from the Compulsory Purchase Order;
(d) confirm the Compulsory Purchase Order, if satisfied that it is appropriate to do so, in the event that the Secretary of State notifies the Council that the Council has been given the power to confirm the Compulsory Purchase Order;
(e) promote any modifications to the Compulsory Purchase Order, if expedient to do so;
(f) take all and any necessary action, as the case may be to continue or open negotiations with persons for the acquisition of land and the exercise of a right to occupy Vintry House to facilitate the scheme and any other interests included in the Compulsory Purchase Order and any other land needed for the redevelopment scheme and to authorise acquisitions by agreement where the use of compulsory purchase powers is in contemplation and to approve the purchase price, advance payments and all other compensation payments;
(g) take all necessary steps in relation to any statutory blight proceedings instituted against the Council for the acquisition of land claimed to be blighted by the threat or presence of the Compulsory Purchase Order and
(h) take all necessary action, should the quantum of compensation flowing from the threat or use of compulsory purchase powers be in dispute and be referred to the Upper Tribunal (Lands Chamber) or other form of arbitration.
(i) to take and do all things necessary or incidental to the implementation of the above resolutions;
(4) That all land acquired for the redevelopment scheme be held for planning purposes.
(5) That Executive approve the recommendations contained within the confidential appendix (NFP Appendix 1 to Document “AK”).
Corporate Overview & Scrutiny Committee
ACTION: Strategic Director of Corporate Services
Publication date: 09/01/2019
Date of decision: 08/01/2019
Decided at meeting: 08/01/2019 - Executive