Decision details

To seek approval for the Council to support Berkeley Homes by using CPO powers to acquire and simultaneously dispose of land and properties to Berkeley Homes on regeneration grounds.

(a)  Delegate authority to the Director of Place, following consultation with the Lead Member for Regeneration & Strategy, to enter into a Compulsory Purchase Order Indemnity Agreement (CPOIA) and if necessary, a development agreement with Berkeley Homes (and any other relevant third party) prior to undertaking any preparatory works in respect of the CPO,

(b)  Agree that the Director of Place, following consultation with the Lead Member for Regeneration & Strategy, be authorised to take all necessary steps to secure the making, submission, confirmation and implementation of a CPO to acquire and third party proprietary interests within the Stoke Gardens Regeneration Area (see Appendix 1 to the report),

(c)  Agree that the Director of Place be authorised to issue all relevant notices and certificates in connection with the making, confirmation and implementation of any CPO,

(d)  Agree that the Director of Place, following consultation with the Lead Member for Regeneration & Strategy, be authorised to acquire third party proprietary interests by private treaty negotiation,

(e)  Agree that the Director of Place, following consultation with the Lead Member for Regeneration & Strategy, be authorised to dispose of any third party proprietary interests acquired pursuant to the CPO to Berkeley Homes in accordance with terms to be agreed,

(f)  Agree that the Director of Place be authorised to make General Vesting Declarations (GVDs) under the Compulsory Purchase (Vesting Declarations) Act 1981 and/or to serve notices to treat and notices of entry (if required) following confirmation of a CPO by the Secretary of State,

(g)  Agree that the Director of Place be authorised to issue and serve any warrants to obtain possession of property acquired by the Council following the execution of a GVD or service of a notice of entry if it was considered appropriate to do so; and

(h)  Delegate authority to the Director of Place, following consultation with the Lead Member for Regeneration & Strategy, to work with Berkeley Homes to facilitate the regeneration of this strategic town centre site.