The Strategic Director Place will submit a report (Document “AN”) which seeks approvals to proceed with the second proposed new District crematorium at Bierley and the making of a Compulsory Purchase Order for use if required to acquire the land.

Recommended –

That the Executive approves the following recommendations -

(1)       To delegate approval of spend to the Strategic Director, Place in           consultation with the S151 officer  for the construction of the          second new crematorium within Bierley at a cost of £10.5m           subject to land acquisition and planning permission.

(2)       That the Executive is satisfied that the proposed development   scheme 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)       To agree in principle to a Compulsory Purchase Order 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 the          Strategic Director: Corporate Resources, in consultation with as       necessary appropriate Portfolio Holders authority to:-

(i)            make any necessary amendments to the Compulsory Purchase            Order prior to the Compulsory Purchase Order being submitted   for confirmation.

(ii)          modify and settle the draft “Statements of Reasons” to justify the         use of compulsory purchase powers, the Compulsory Purchase Order Map 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;

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

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

(iv)         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 is satisfied that there are no objections to the Compulsory Purchase Order and has empowered the Council to decide on whether or not to confirm the Compulsory Purchase Order without mofification.

(v)          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;

(vi)         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;

(vii)       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;

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

Overview and Scrutiny Committee: Regeneration and Environment

(Phil Barker - 01274 432616)

The Strategic Director Place submitted a report (Document “AN”) which sought approvals to proceed with the second proposed new district crematorium at Bierley, and the making of a Compulsory Purchase Order for use if required to acquire the land.

The Assistant City Solicitor confirmed that any CPO process would only be initiated, if negotiations to secure the land failed.

The Health People and Places Portfolio Holder thanked officers for their hard work on securing suitable sites for the crematoria and thanked the Friends of Littlemoor Park for their engagement with the Council, confirming that Littlemoor was no longer considered a viable site.

Resolved –

(1)       That approval of spend be delegated to the Strategic Director,   Place in consultation with the S151 officer  for the    construction of       the second new crematorium within Bierley at a cost of £10.5m      subject to land acquisition and planning permission.

(2)       That the Executive is satisfied that the proposed development   scheme 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)       To agree in principle to a Compulsory Purchase Order 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 the           Strategic Director Corporate Resources, in consultation         with as           necessary appropriate Portfolio Holders authority to:-

(i)            make any necessary amendments to the Compulsory Purchase Order prior to the Compulsory Purchase Order being submitted for confirmation.

(ii)          modify and settle the draft “Statements of Reasons” to justify the use of compulsory purchase powers, the Compulsory Purchase Order Map 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;

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

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

(iv)         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 is satisfied that there are no objections to the Compulsory Purchase Order and has empowered the Council to decide on whether or not to confirm the Compulsory Purchase Order without modification.

(v)          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;

(vi)         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;

(vii)       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;

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

ACTION: Strategic Director Place

Overview and Scrutiny Committee: Regeneration and Environment