Resolved –

(1)       To delegate approval of spend to the Strategic Director Place in            consultation with the S151 officer for the construction of the first   new crematorium within Heaton at a cost of £9.1m subject to land        acquisition and planning permission.

(2)       That the Executive is satisfied that the proposed development   schemes to construct the Crematorium 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 Crematorium development scheme is likely to generate,

(3)       That it be agreed in principle to Compulsory Purchase Orders    being  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 shown edged red on the plan appended             hereto in order to facilitate the construction of the proposed                         Crematoria subject to a final decision being taken jointly by the       Strategic Director Place and the Strategic Director Corporate             Resources , in consultation with appropriate Portfolio Holders as         necessary, on whether to make and submit the Compulsory           Purchase Order to the Secretary of State for Housing,       Communities and Local Government for confirmation, if   satisfied        that the Council has properly taken into account the statutory           requirements under human rights and public sector equality        legislation    

(4)       To further delegate to the Strategic Director  Place and Strategic           Director Corporate Resources, in consultation with as necessary          appropriate Portfolio Holders authority to:-

(i)         make any necessary, minor or technical amendments to the       Compulsory Purchase Order;

(ii)        modify and settle the draft “Statements of Reasons” to justify the         use of compulsory purchase powers, the Compulsory Purchase           Order Maps and Schedules and all other legal documentation       necessary to support and accompany the Compulsory Purchase         Orders to the Secretary of State for Housing, Communities and        Local Government for confirmation;

(iii)       promote any modifications to the Compulsory Purchase Order, if         expedient to do so;

(iv)      approve agreements for withdrawal of any objections to the       Compulsory Purchase Order, including where appropriate,     seeking exclusion of land from the Compulsory Purchase             Order;

(v)       confirm the Compulsory Purchase Order, if satisfied that it is      appropriate to do so, in the event that the Secretary of State for     Housing, Communities and Local Government has empowered              the Council  to decide on whether or not to confirm the     Compulsory Purchase Order;

(vi)      take all necessary action to continue or open negotiations          with persons for the acquisition of land included in the        Compulsory Purchase Order and any other land needed for the      Crematorium 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;

(vii)     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;

(viii)    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;

(ix)      to take and do all things necessary or incidental to the      implementation of the above resolutions;

(5)       That implementation of Phase 3 and 4 works by Rex Procter &   Partners to finalise the designs for the new crematoria and     administer the subsequent building contracts be approved.

ACTION:       Strategic Director Place

Overview and Scrutiny Committee: Regeneration & Environment

(Phil Barker - 01274 432616)