Resolved -

(1)       That the Executive is satisfied that the preservation of the Grade II listed building situate and known as “The Old Manor House”, No 23 Rosebery Road., Manningham, Bradford  is in the public interest and that any harm caused by the use of compulsory purchase powers to acquire the building and adjoining garden land is outweighed by the public benefits of taking such action, having also taken into account at this stage, the Council`s statutory obligations under human rights and public sector equality legislation  in relation to the differential impact a Compulsory Purchase Order might have on various groups of persons with protected different characteristics;

(2)       That the Assistant Director, Planning, Transportation & Highways be delegated power to authorise a CPO to be made  pursuant to Section 47:Planning (Listed Buildings and Conservation Areas) Act 1990, Section 1 of the Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant and enabling powers, if there is no alternative other than to resort to the use of compulsory purchase powers to secure the compulsory acquisition of the building and adjoining garden land shown edged red on the plan appended hereto and which land is needed to facilitate and enable the proper preservation and future maintenance and management of the Grade II listed building. 

(3)       That it be further delegated to the Assistant Director, Planning, Transportation & Highways the 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 Digital, Culture, Media & Sport and for confirmation;

            (c)             approve agreements with the owners of the listed building and the adjoining garden land  setting out the terms for withdrawal of any objections to the Compulsory Purchase Order, including where appropriate, seeking exclusion of any 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 for Digital, Culture, Media & Sport 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 to promote the Compulsory Purchase Order, as the case may be to continue or open negotiations with persons for the acquisition of the building and the adjoining garden land included in the Compulsory Purchase Order and any other land needed for the preservation of the building and to authorise the acquisition by agreement of the building and the adjoining garden land where the use of compulsory purchase powers is in contemplation and to approve the purchase price, advance payments and all 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;

            (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; and 

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

(4)       That all land acquired for the preservation of the listed building be held for planning purposes.

ACTION:              Strategic Director of Place

(Regeneration and Environment Overview & Scrutiny Committee)

(Julian Jackson – 01274 433766)